![]() ![]() International humanitarian law applicable to armed conflicts ( jus in bello ) uses the principle of proportionality to limit the damages caused by military operations on civilian population and objects. But this concept of self-defense only allows measures that are “proportional” to the armed attack and necessary to respond to it. Since 1945, it is incorporated in the Charter of the United Nations and its collective security mechanism. The branch of law regulating the right to resort to armed force is commonly referred to as jus ad bellum. ![]() International law does not authorize States to resort to armed force except in cases of self-defense or aggression. Proportionality in Attacks and Retaliation International criminal law also provides that sanctions must be proportionate to the gravity of the crime. Particularly, it applies in cases of individual or collective self-defense, in cases of recourse to armed force by a State to restore order and public safety in times of internal disturbances, and in situations of international or non-international conflicts. Proportionality is particularly important to balance the argument of military necessity in assessing the legality of the use of armed force. ![]() In case of dispute or doubt, tribunals can assess the facts and their legality a posteriori. This assessment is the responsibility of those who act. This principle implies an obligation to appreciate the context before deciding on the legality or the illegality of an action. Proportionality is a core principle in international law, which provides that the legality of an action shall be determined depending on the respect of the balance between the objective and the means and methods used as well as the consequences of the action. ![]()
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