Proportionality in International Law critically assesses the current law of proportionality in normative terms combining abstract philosophical and legal analysis with exacting, highly emotive contemporary combat cases. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authorsanalyze the modern usages of proportionality in order to enable a more complete comprehension of the values that it preserves.
Proportionality in International Law critically assesses the current law of proportionality in normative terms combining abstract philosophical and legal analysis with exacting, highly emotive contemporary combat cases. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authorsanalyze the modern usages of proportionality in order to enable a more complete comprehension of the values that it preserves.
Michael Newton is Professor of the Practice of Law at Vanderbilt University Law School. He formerly taught at the United States Military Academy at West Point and at the Judge Advocate General's School and Center. Professor Newton has written extensively about use of force issues, international jurisprudence, and the enforcement of international law. His co-authored work, Enemy of the State: The Trial and Execution of Saddam Hussein (with Michael Scharf) won book-of-the-year honors from the American Section of International Association of Penal Law. He also won Article of Year honors in 2011 for his article entitled Evolving Equality: The Development of the International Defense Bar, published in the Stanford Journal of International Law. arry May is the W. Alton Jones Professor of Philosophy, Professor of Law, and Professor of Political Science at Vanderbilt University. He has published over thirty books, including book length studies of each of the fours crimes under the ICC's jurisdiction. His books have won awards in philosophy, law, and international relations. He has also published extensively on the history of the Just War tradition, especially on the work of Grotius and Hobbes.
Inhaltsangabe
1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index
1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index
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