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RECENT PUBLICATIONS

Some Reflections on the “Incidental Harm” Side of Proportionality Assessments

May 18, 2018

Some Reflections on the “Incidental Harm” Side of Proportionality Assessments

Author: Emanuela-Chiara Gillard PDF: Some Reflections on the “Incidental Harm” Side of Proportionality Assessments Abstract/Intro: The prohibition of attacks expected to cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated lies at the heart of the rules of international humanitarian law (IHL) regulating the conduct of hostilities. According to Ar

Four Comments on the Application of Proportionality under the Law of Armed Conflict

May 16, 2018

Four Comments on the Application of Proportionality under the Law of Armed Conflict

Author: Lieutenant Colonel Roni Katzir PDF: Four Comments on the Application of Proportionality under the Law of Armed Conflict Abstract/Intro: The existence of the principle of proportionality as a norm is undisputed, and military commanders in armed conflicts around the world apply it continuously. As the principle is formulated in general terms—prohibiting attacks that may be expected to cause incidental loss of civilian life, injury to civilians, or damage to civilian obj

Applying the Law of Proportionality to Cyber Conflict: Suggestions for Practitioners

Feb 9, 2017

Applying the Law of Proportionality to Cyber Conflict: Suggestions for Practitioners

This Note examines the applicability of the law of armed conflict, and particularly the concept of proportionality, to cyber attacks. After exploring deviations in terminology that may lead to confusion in the field, it considers the difficulties associated with applying an area of law first implemented in the post-World War II era to technologies that have only become vitally important in recent years. Delving into some of the facets of cyber technology that make it unique a