THE SCOPE OF THE PRINCIPLE OF PROPORTIONALITY IN INTERNATIONAL HUMANITARIAN LAW

Abstract

The principle of proportionality is considered one of the fundamental principles of international humanitarian law in particular, as this principle is considered the basis for a large number of the rules of this law. Despite the importance of this principle, it has not received the importance of researchers and scholars in this specialty. The principle of proportionality is based on a basic idea, which is the excessive use of force and violence in some cases. There are also limits that must be adhered to by states, ensuring that their actions are acceptable and not excessive in the use of force. Taking into account humanitarian cases and providing them with a high degree of protection, and thus, moral, religious and social considerations have a great role in establishing this principle. The many flagrant violations of the rules of international humanitarian law occurring as a result of military operations have led to the necessity of thinking about establishing legal mechanisms in order to develop Protection for civilians. Accordingly, we will explain how to deal with the principle of proportionality, although it is difficult to clarify all its features in this research, but it is an attempt to highlight the importance of resorting to this principle