Israel in Lebanon

The Report of the International
Commission to enquire into reported
violations of International Law by
Israel during its invasion of the Lebanon

Chapter 10
Proportionality

The Law
The principle of international law which prohibits acts of violence which may be expected to cause casualties or damage disproportionate to the military advantage sought is enshrined in Articles 22 of the Hague Convention IV of 1907: ‘The right of belligerents to adopt means ofinjuring the enemy is not unlimited’ and 23(e) . . . it is especially forbidden – (e) to employ arms, projectiles, or material calculated to cause unnecessary suffering’. It was refined in the context of the protection of civilians in the Hague Rules of Aerial Warfare 1923, Article 24(4): ‘In the immediate neighbourhood of the operations of land forces, the bombardment of cities, towns, villages, dwellings or buildings is legitimate provided that there exists a reasonable presumption that the military concentration is sufficiently important to justify such bombardment, having regard to the danger thus caused to the civilian population.’ In the ICRC Draft Rules of 1956, Article 8(a) and (b) states:

‘The person responsible for ordering or launching an attack shall, first of all:
(a) . . . When the military advantage to be gained leaves the choice open between several objectives, he is required to select the one, an attack on which involves the least danger for the civilian population;
(b) take into account the loss and destruction which the attack, even if carried out with the precautions prescribed under Article 9, is liable to inflict upon the civilian population.
He is required to refrain from the attack if, after due consideration, it is apparent that the loss and destruction would be disproportionate to the military advantage anticipated.’

It was stated expressly in connection with weapons such as mines, booby