![]() 1Īs the tribunal canvasses the claims that require adjudication, one of the most frequently recurring alleged violations of international humanitarian law is the use of disproportionate force. In an effort to prevent destabilizing recriminations by the now ascendant Sunni population against Assad’s Shiite sympathizers, the United Nations Security Council passes a resolution calling for the creation of an international tribunal for the prosecution of persons responsible for serious violations of international humanitarian law committed in Syrian territory since 2011. Syria is governed by a nascent democratic regime. This Comment, drawing on doctrinal and realist policy analyses, argues that the legal elements of proportionality in customary international law can be clarified through the adoption of the definition of proportionality provided by the Rome Statute as customary international law.Įntertain the following hypothetical: The year is 2020 and Bashar Al-Assad has been removed from power. ![]() Given the importance of the definition of proportionality to policing modern military conflicts, reducing ambiguity regarding the legal elements of proportionality would be a salutary development. Furthermore, in non-international conflicts no treaty law respecting proportionality exists, meaning that customary international law again is the only binding law available. Consequently, the only framework of legal accountability for alleged proportionality violations committed by those nations is customary international law. Many of the world’s major military powers are not signatories to either treaty. Two major international treaties-the Rome Statute and the 1978 Additional Protocol to the Geneva Convention-address war crimes and provide distinct definitions of the crime of disproportionate use of force. ![]() Yet the legal status of proportionality in international law is far from clear. ![]() ![]() The principle of proportionality is a central feature of international law regulating modern military engagements. ![]()
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