The hoary doctrine of “proportionality” from the “just war” theory is being sorely tested by the wars in the Middle East and Ukraine. The premise of this theory, as first expounded in the West by ...

Smoke rising from buildings in Gaza after retaliatory Israeli air strikes on October 15, 2023. Photo by MOHAMMED SABER/EPA-EFE/Shutterstock In recent days, my ...

This Article challenges the conventional moral justification for the international humanitarian law (IHL) principle of proportionality and the collateral damage that this principle permits in war. It ...

Forbes contributors publish independent expert analyses and insights. Jill Goldenziel writes & consults on security, law, & business risk. Proportionality in war does not mean balancing number of ...

A recent decision from the Southern District of New York serves as a timely reminder that proportionality is a key gatekeeping principle shaping the scope of discovery. Over the past decade, ...

The current conflict between Israel and Hamas raises a host of legal questions about the application of the Law of Armed Conflict (LOAC). One of the major criticisms raised against Israel is that its ...

This article is part of our joint symposium with EJIL: Talk! on Chatham House’s “Proportionality in the Conduct of Hostilities” Report. Chatham House’s research paper by Emanuela-Chiara Gillard, ...

More than three years after their implementation, attorneys, courts, and litigants are still learning to navigate the new waters in Federal Rule of Civil Procedure 26. As a result of the 2015 ...