Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Practical Issues Concerning the Application of the Proportionality Rule

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The application of the proportionality rule at the strategic level finds some support in the International Criminal Tribunal for the former Yugoslavia (ICTY) OTP's report on the NATO aerial campaign in Kosovo in 1999. In this report, the ICTY OTP, after stating that the proportionality rule must be applied at the operational level, ends up conducting a proportionality analysis at the strategic level insofar as the incidental civilian damage caused by attacks such as the one launched against the SRT in Belgrade is compared with the military advantage anticipated from the achievement of goals as broad as the partial or total disruption of the VJ command, control and communications. The majority of the limited case law existing to date has embraced the proportionality analysis at the operational level. The proportionality analysis at the operational level has also been the position most often embraced by the ICTY's case law.

Keywords: civilian damage; ICTY OTP; proportionality rule; VJ command



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Unlawful Attacks in Combat Situations — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation