Necessity, proportionality, and the use of force by states / Judith Gardam.

Includes bibliographical references (pages 230-246) and index.

Print version record.

The place of necessity and proportionality in restraints on the forceful actions of States -- Necessity -- Proportionality -- The practical significance of necessity and proportionality in modern times -- Necessity, proportionality and the forceful actions of States prior to the adoption of the United Nations Charter in 1945 -- The origins of necessity and proportionality in hostile actions between States -- War as a sovereign right of States: the demise of ius ad bellum -- The revival of ius ad bellum in the twentieth century -- Measures short of war -- Proportionality and the emerging independent ius in bello -- Proportionality and IHL between the two World Wars -- Proportionality and combatants in modern international humanitarian law -- Developments in weapons control -- The ambit of the prohibition on superfluous injury and unnecessary suffering -- The suppression of breaches of the requirements of proportionality with respect to combatants -- Proportionality and civilians in modern international humanitarian law -- Proportionality in the United Nations era -- Proportionality and non-international armed conflicts -- Protocol II to the Conventional Weapons Convention -- The suppression of breaches of the requirements of proportionality in IHL -- Necessity, proportionality and the unilateral use of force in the era of the United Nations Charter -- The resort to unilateral force under the United Nations Charter -- The content of necessity in self-defence under the United Nations Charter.

There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both necessary and proportional. Against the background of these recent armed conflicts, this book offers the first comprehensive assessment of the twin requirements of necessity and proportionality as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

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