The Paradox of Proportionality in International Law: The Neglected Necessity of Proportionality in the realm of Self-Defence

Self-defence has been a longstanding foundational concept of international law. However ambiguity still remains over its content and requirements. In particular, this research examines the critical yet neglected requirement of proportionality in self-defence under international law. The research aims to explore whether states have adhered to the requirement of proportionality in their military actions of self-defence. By operationalizing a framework on the concepts relevant to the research question, the research conducts an exploratory normative analysis on the cases of the US invasion of Iraq and the Gaza War of 2008-09, otherwise known as Operation Cast Lead. Utilising both qualitative and quantitative data from secondary sources and independent official reports. The result of the analysis reveals a lack of adherence to proportionality in self-defence as a result of the excessive scale and gravity of states military actions which far exceeded what would be proportionate in terms...Show moreSelf-defence has been a longstanding foundational concept of international law. However ambiguity still remains over its content and requirements. In particular, this research examines the critical yet neglected requirement of proportionality in self-defence under international law. The research aims to explore whether states have adhered to the requirement of proportionality in their military actions of self-defence. By operationalizing a framework on the concepts relevant to the research question, the research conducts an exploratory normative analysis on the cases of the US invasion of Iraq and the Gaza War of 2008-09, otherwise known as Operation Cast Lead. Utilising both qualitative and quantitative data from secondary sources and independent official reports. The result of the analysis reveals a lack of adherence to proportionality in self-defence as a result of the excessive scale and gravity of states military actions which far exceeded what would be proportionate in terms of scale and gravity relative to its declared intentions and objectives. In this way the research emphasises the need for clearer definitions and frameworks of the requirements in order to tackle the ambiguities of proportionality in the discourse of self-defence.Show less

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The Paradox of Proportionality in International Law: The Neglected Necessity of Proportionality in the realm of Self-Defence