Israel and the Doctrine of Proportionality - Council on Foreign Relations

Israel and the Doctrine of Proportionality - Council on Foreign Relations:

"What is the doctrine of proportionality?

The doctrine originated with the 1907 Hague Conventions, which govern the laws of war, and was later codified in Article 49 of the International Law Commission's 1980 Draft Articles on State Responsibility (PDF). The doctrine is also referred to indirectly in the 1977 Additional Protocols of the Geneva Conventions. Regardless of whether states are party to the treaties above, experts say the principle is part of what is known as customary international law. According to the doctrine, a state is legally allowed to unilaterally defend itself and right a wrong provided the response is proportional to the injury suffered. The response must also be immediate and necessary, refrain from targeting civilians, and require only enough force to reinstate the status quo ante. That said, experts say the proportionality principle is open to interpretation and depends on the context. 'It's always a subjective test,' says Michael Newton, associate clinical professor of law at Vanderbilt University Law School. 'But if someone punches you in the nose, you don't burn their house down.'

How does the doctrine apply to the current context in Israel?

Many legal experts say Israel's response to the recent abductions has not upheld the principle of proportionality and violates international humanitarian law."

(Via GlobalSecurity.org.)