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Cluster Munitions, Proportionality and the Foreseeability of Civilian Damage

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Chapter Summary

The central issue of concern in this chapter is the extent to which mid to longer term damage to the civilian population caused by the use of cluster munitions is foreseeable and ought to be taken into consideration in the proportionality calculus. The chapter briefly outlines the background to the identification of the issue, explains the current legal test for proportionality and identifies arguments for and against inclusion of mid to longer term damage to the civilian population as part of the proportionality calculus. It focusses on the application of the rule of proportionality to the particular problem of unexploded submunitions is only one narrow aspect of the broader issue of the application of general rules of international humanitarian law to the military use of cluster munitions.

Keywords: civilian population; cluster munitions; international humanitarian law; military use



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