Proportionality in Perspective: Historical Light on the Law of Armed Conflict
Journal: Digital USD (University of San Diego)
Year: 2015

The argument of this article is that the proportionality rule in AP–I does express a doctrine that has real roots in western military practice, but it was not traditionally understood as the severe constraint on military operations that the Red Cross propounds. The western States at the Geneva drafting conference did not resist the proportionality rule. In fact, they were active sponsors of that formulation. They understood that rule to be consistent with past practice, including most Allied tac