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Conclusions And Implications

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Chapter Summary

Armed conflict is inherently about using force to achieve desired goals. As international humanitarian law (IHL) regulates the means and methods that a belligerent may adopt to achieve its desired goals, there will inevitably be disagreements over the interpretation of the relevant IHL rules. When it comes to the rules that regulate targeting, the main difficulties that arise are over, what is a lawful target and what is proportional collateral damage when compared to the military advantage to be gained from the attack. This chapter provides a detailed analysis of these issues. It reviews the law that would be applicable to Australia. The chapter discusses some aspects of the law concerning proportionality, and in particular what can and cannot be considered on each side of the equation, the fundamental issue remains that it is difficult to determine exactly what is excessive in any given case.

Keywords: Armed conflict; Australia; collateral damage; international humanitarian law (IHL); lawful target; military operation; proportionality rule



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