Proportionality in modern just war theory: A tort-based approach

Journal of Military Ethics 10 (3):213-229 (2011)
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Abstract This article lays a theoretical foundation the perspective of international law for applying the principle of proportionality of cause in modern just war theory. It proposes an analytical framework for measuring proportionality based on general tort law, filtered through the international law of state responsibility. It proposes assessing the use of force as a proportionate (or disproportionate) remediation for an injury (present or future) caused by another state that is in breach of its legal obligations. The article then applies this approach to the problems of anticipatory self-defense and humanitarian intervention



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