Proportionality in the Conduct of War

Abstract

One of the traditional requirements of jus in bello is that military action should be proportionate in the loss and injury caused to troops to the military objectives it secures. However, the ‘overwhelming force’ applied in two Gulf Wars has been criticised as disproportionate. This article suggests a criterion for judging whether force is proportionate by considering what those who enter the profession of arms might be expected to tolerate or to undertake. A tacit agreement between troops on each side is postulated, breaches of which count as unfair conduct, including cases of the disproportionate use of force.