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Necessity and Proportionality in International Peace and Security Law - Oxford Scholarship Online
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Necessity and Proportionality in International Peace and Security Law

Claus Kreß and Robert Lawless

Abstract

Necessity and proportionality hold a place in the international law governing the use of force by states and in the law of armed conflict (LOAC). However, the precise contours of these two requirements are uncertain and controversial. This book explores in 5 parts how necessity and proportionality manifest under the law governing the use of force and the LOAC. First, the book introduces the reader to how necessity and proportionality factor in the debate about the interaction between morality and law in the use of military force. Second, the book addresses the issue of how proportionality in t ... More

Keywords: proportionality, necessity, jus ad bellum, jus in bello, use of force, law of armed conflict, international law, self-defense

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780197537374
Published to Oxford Scholarship Online: November 2020 DOI:10.1093/oso/9780197537374.001.0001

Authors

Affiliations are at time of print publication.

Claus Kreß, editor
Professor of International Law and Criminal Law, University of Cologne

Robert Lawless, editor
Assistant Professor in the Department of Law, United States Military Academy

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Contents

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Part One An Encounter of International Law with Morality

Part Two Considerations of Overarching Significance

Part Three The International Law Governing the Use of Force

Part Four The International Law of Armed Conflicts

12 The Proportionality Rule and Mental Harm in War

Sarah Knuckey,*Alex Moorehead,**Audrey McCalley,*** and Adam Brown****

Part Five Jus Post Bellum

End Matter