Peter A Allard School of Law

Collateral Kids: Weighing the Lives of Children in Targeting

Event Description

The principle of proportionality under international humanitarian law prohibits an attack if the expected harm to civilian persons and objects is excessive in relation to the anticipated concrete and direct military advantage. In this article we argue that, when applying the principle of proportionality, the incidental harm to a child must be given a higher value as compared to incidental harm to an adult. This aligns with the practice of many militaries. We argue that the greater weight assigned to the lives of children in proportionality assessments is not simply a matter of morality or strategic calculations, but in fact a requirement from a more wholistic interpretation of international humanitarian law. 

International Humanitarian Law Guest Lecturer

rene_provost

Prof. René Provost teaches and conducts research in public international law, international human rights law, international humanitarian law, legal theory and legal anthropology. He is particularly interested in human rights, international criminal law, the law of armed conflict, and the intersection of law and culture. He is the author of numerous books and articles including Rebel Courts – the Administration of Justice by Armed Insurgents (Oxford University Press, 2021). 

 


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