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 ...
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, ...
Distinguished chair, excellencies, ladies and gentlemen, The International Committee of the Red Cross (ICRC) is grateful for the opportunity to address the Open-Ended Working Group a second time ...
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 ...
The concept, important for determining the legality of an act of war, is about weighing civilian harm against military objectives, not about achieving a balanced number of casualties. By Steven ...
In the film, The Princess Bride, Sicilian bad guy Vizzini repeatedly exclaims that the progress of Westley to locate Princess Buttercup is “Inconceivable!” After shouting “Inconceivable!” one too many ...
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 ...
Add Yahoo as a preferred source to see more of our stories on Google. Simply put, these instruments seek to spare civilians and others who are no longer active combatants from the effects of ...
Israel’s counteroffensive into Lebanon and the Palestinian territories raises a question about what constitutes a legal and legitimate proportional response under international law. Is Israel legally ...
The 2006 Israel-Lebanon war generated the first large-scale and systemA,A!ic references to a heretofore mostly ignored law of war concept, the doctrine of proportionality. Occasional references to ...
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