The Discourse of Proportionality and the Use of Force: International Law and the Power of Definition
(2020) In Nordic Journal of International Law 89(1). p.364-382- Abstract
- Foregrounding standards like ‘proportionality’ and ‘necessity’ have come to assume a central place in the international legal vocabulary for assessing the legitimacy of war. In both ethical and practical terms, the shift towards common standards provides a useful vernacular to assess military operations. But the question remains: how should these terms be interpreted and applied and by whom? Simultaneously, debates over the definitional boundaries of the legal concept of war and its attendant categories (e.g. lawful military objects, protected zones, combatants, civilians) have arisen in many contexts, leaving room for different and conflicting interpretations, often to the detriment of marginalised groups and weaker States. This article... (More)
- Foregrounding standards like ‘proportionality’ and ‘necessity’ have come to assume a central place in the international legal vocabulary for assessing the legitimacy of war. In both ethical and practical terms, the shift towards common standards provides a useful vernacular to assess military operations. But the question remains: how should these terms be interpreted and applied and by whom? Simultaneously, debates over the definitional boundaries of the legal concept of war and its attendant categories (e.g. lawful military objects, protected zones, combatants, civilians) have arisen in many contexts, leaving room for different and conflicting interpretations, often to the detriment of marginalised groups and weaker States. This article examines the ambivalences, complexities and contestations that have arisen in the move towards broader and subjective discourses of law and war, through the lens of proportionality. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/59103184-a261-4b6b-852b-37c98ffab2f6
- author
- Bak Mckenna, Miriam LU
- organization
- publishing date
- 2020
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Public international law, Folkrätt
- in
- Nordic Journal of International Law
- volume
- 89
- issue
- 1
- pages
- 364 - 382
- publisher
- Brill
- external identifiers
-
- scopus:85096927512
- ISSN
- 0902-7351
- DOI
- 10.1163/15718107-89030006
- language
- English
- LU publication?
- yes
- id
- 59103184-a261-4b6b-852b-37c98ffab2f6
- date added to LUP
- 2020-11-08 11:12:37
- date last changed
- 2022-04-19 01:53:04
@article{59103184-a261-4b6b-852b-37c98ffab2f6,
abstract = {{Foregrounding standards like ‘proportionality’ and ‘necessity’ have come to assume a central place in the international legal vocabulary for assessing the legitimacy of war. In both ethical and practical terms, the shift towards common standards provides a useful vernacular to assess military operations. But the question remains: how should these terms be interpreted and applied and by whom? Simultaneously, debates over the definitional boundaries of the legal concept of war and its attendant categories (e.g. lawful military objects, protected zones, combatants, civilians) have arisen in many contexts, leaving room for different and conflicting interpretations, often to the detriment of marginalised groups and weaker States. This article examines the ambivalences, complexities and contestations that have arisen in the move towards broader and subjective discourses of law and war, through the lens of proportionality.}},
author = {{Bak Mckenna, Miriam}},
issn = {{0902-7351}},
keywords = {{Public international law; Folkrätt}},
language = {{eng}},
number = {{1}},
pages = {{364--382}},
publisher = {{Brill}},
series = {{Nordic Journal of International Law}},
title = {{The Discourse of Proportionality and the Use of Force: International Law and the Power of Definition}},
url = {{http://dx.doi.org/10.1163/15718107-89030006}},
doi = {{10.1163/15718107-89030006}},
volume = {{89}},
year = {{2020}},
}