Proportionality in International Law, a new book co-authored by Michael A. Newton, professor of the practice of law, and Larry May, the W. Alton Jones Professor of Philosophy and professor of law, addresses an issue literally on the front lines of combat today: the difference between a proportional military response and a war crime.
Newton asked May to collaborate on the book because “proportionality is a pervasive concept in modern law and philosophy. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property,” Newton said. “It is intimately linked to the overarching concepts of self-defense, lawful force and the controlled application of violence. Its application has come under tremendous scrutiny and sustained controversy as a result of wars against nonstate actors, the extensive use of drones, the use of human shields, cyberwar techniques and counterinsurgency tactics.”
In the book, Newton and May provide a careful analysis of the conundrum that defining a “proportional response” often presents and explore proportionality’s “multiplicity of meanings” as well as its application in the Just War Tradition and in international humanitarian law. “Proportionality is a doctrine every serious student of military policy needs to study and understand,” Newton said. The book was released by Oxford University Press in April.
