The principle of Proportionality addresses collateral damage and the commander’s obligation to refrain from attack when the expected collateral damage would be excessive in relation to the military advantage expected to be gained.
True
False
The correct answer and explanation is :
True
The principle of proportionality is a key concept in international humanitarian law (IHL), particularly in the context of armed conflict. It is intended to balance military necessity with humanitarian concerns. The principle addresses the issue of collateral damage, specifically in relation to the conduct of hostilities and the use of force during war.
Under IHL, especially as outlined in the Geneva Conventions and their Additional Protocols, the principle of proportionality dictates that the anticipated collateral damage resulting from a military operation should not be excessive in comparison to the concrete and direct military advantage expected to be gained from the attack. This ensures that military actions are constrained by humanitarian concerns, especially to minimize harm to civilian life, property, and the environment.
The principle of proportionality applies to all forms of military operations, whether aerial bombardments, ground attacks, or naval strikes. A commander must assess the expected military benefit from an attack, such as the destruction of enemy equipment, elimination of personnel, or strategic gains. At the same time, they must weigh the potential harm to civilians and civilian infrastructure. If the expected harm to civilians outweighs the military advantage to be gained, the commander has an obligation to refrain from the attack or to choose an alternative method of achieving the military objective that would result in less harm to non-combatants.
This principle is often highlighted in the context of targeting decisions. For instance, a strike on a military target located within a civilian area might be permissible if the military advantage is substantial and the collateral damage can be minimized. However, if the strike would cause disproportionate harm to civilian lives or property, the attack would likely be considered illegal under IHL.
Thus, proportionality serves as a safeguard, ensuring that military actions are conducted with consideration for minimizing civilian casualties and destruction.