On a similar theme to an earlier post here, which mentioned proportionality in relation to Israel’s actions in Lebanon, Mental Meanderings linked (following the bombing by Israel of the UNIFIL observation post, which killed four UN soldiers) to a number of very interesting and useful articles on the issue of proportionality.
The first three are a discussion around different aspects relating to the application of the principle of proportionality, while in the first, Prof. Roger Alford links to an article by Prof. Mary Ellen O’Connell which gives an excellent overview of the laws relation to this whole issue of “proportionality”.
I’d definitely recommend a reading of O’Connell’s piece, and follow-up with a reading of the three discussion articles.
I feel compelled to add that, perhaps most disturbingly, O’Connell notes:
Israel’s ambassador to the United Nations speaking at a pro-Israel rally responded to charges that Israel was using disproportionate force. He said, “You’re damn right we are.”(4)
- M.E. O’Connor, “Proportionality and the Use of Force in the Middle East Conflict” (21st July, 2006, JURIST)
- R. Alford, “UN Human Rights Commissioner Warns of Criminal Responsibility” (21st July 2006, OpinioJuris.org)
- K.J. Heller, “Proportionality Under the Rome Statute” (24th July 2006, OpinoJuris.org)
- R. Alford, “Further Thoughts on Proportionality” (24th July 2006, OpinoJuris.org)