Three Problems with the “As-If” Thesis of Proportionality

Authors

Robert D. Sloane, Boston University School of LawFollow

Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

2014

ISSN

1930-658x

Publisher

Boston University School of Law

Language

en-US

Abstract

It is a privilege to contribute the first piece for the Boston University International Law Journal’s online publication series. Tragically, the issue I will discuss is, once again, as timely as it is significant to the evolving law of war in the twenty-first century. For the third time in six years, a brutal armed conflict has afflicted the Gaza Strip, killing or injuring thousands. As in the past, the term proportionality permeates both legal commentary and media coverage of the conflict. And as in the past, the term gets bandied about but rarely defined precisely and often misused, rhetorically and otherwise.

Recommended Citation

Robert D. Sloane, Three Problems with the “As-If” Thesis of Proportionality , in Boston University International Law Journal Online (2014).
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2746