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The principles of necessity and proportionality

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Gastineau, Adam

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NewSouth Publishing (an imprint of University of New South Wales Press)

Abstract

In this chapter we will look at two jus in bello constraints that restrict the amount of force combatants are permitted to use during armed conflict. If the principle of discrimination determines whom we can kill and what we can break, proportionality and necessity determine the amount of damage we may permissibly do. In traditional Just War Theory these two constraints are often combined in discussion of the jus in bello proportionality principle. However, for greater clarity, I will pull them apart here.

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Key Concepts in Military Ethics

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2037-12-31