Proportionality In The Military

Terms such as ‘proportional,’ or ‘excessive,’ can be misleading in that they imply that the proportion one is endeavoring to accomplish and the nature of the values on the scales self-evidence. However, the determination of what constitutes “excessive” collateral damage is unclear to the point of inapplicability. The concept of proportionality requires a constant ratio between variables, in this situation, between military advantage and collateral damage. Talking about the proportionality prerequisite in jus in Bello, one must first clarify exactly what is being weighed in on the scales, and what is being left out. The U.S. finds itself accused of a potential “war crime” following an air strike on a hospital in Kunduz, northern Afghanistan pulled in international …show more content…
Under IHL, a hospital is an illegitimate target unless it is being utilize for military purposes. And even then the issue of proportionality arises here. If Taliban terrorists were indeed firing from within the hospital, would bomb the building with the inherent risk of causing multiple civilian casualties be proportional? The fact if there was an intentional attack propelled against civilians or an attack is coordinated on a military objective in the knowledge that the accidental civilian injuries would be clearly excessive and unreasonable in relation to the anticipated military advantage. It may turn out that the Afghan hospital was not the intended target and was hit simply due to an