The principle of proportionality in international humanitarian law

Kadhem Abed Ali  A.P.Dr, Haider; Riadh Jebur, Zainab

	The principle of proportionality in international humanitarian law
AL- Mouhakiq Al-Hilly Journal for legal and political science
Article 1, Volume 8, Issue 2, 2016, Pages 573-604
Authors
Haider kadhem Abed Ali A.P.Dr; Zainab Riadh Jebur
Abstract
Abstract The principle of proportionality is considered the basic principles of international humanitarian law, this principle is followed by a large number of the rules of this law. despite the great importance of this principle, but it did not receive attention in the research and study which should be suitable for its position in this law. The proportionality is based on a basic idea that of non-excessive use of violence and force in certain situations, certain limits must be adhered to be acceptable and not excessive use of force, so it preserves many humanitarian considerations, and provides a high degree of protection which can,t be secured, without this principle. The religious, moral and social considerations had a great role in finding this principle . Even at the beginning of its appearance was in the form of religious and ethical rules imposed by peoples and nations on their own fighters to be obliged to them, Due to they have a value in the culture of those nations, and they become a part of customary international law which arbitrate the armed conflicts. After that this principle had been codified in a large number of international conventions and agreements, especially international humanitarian law. This study deals with the principle of proportionality, although it is hard to cover all its aspects in this study , but it is an attempt to highlight the importance of this principle and to clarify some of its importance and features .
Keywords
The principle; Proportionality; International humanitarian law

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