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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   fall 2016-winter 2017 , Volume - , Number 12 ; Page(s) 91 To 115.
 
Paper: 

The Principle of Proportionality in Arm Conflicts, in the Light of the Documents and the Procedure of the International Criminal Courts

 
 
Author(s):  NOORI VALIOLLAH, ZAMANI S.GHASEM, RAEI MASOUD, ABDOLLAHI MOHSEN
 
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Abstract: 
International humanitarian law (IHL) aims to humanize the current of wars and armed conflicts and for this reason, besides, it has been directly prohibited to target civilians, incidental damages because of attacking on civilian objects and targets should not be excessive in relation to the direct military advantage. This is known as the principle of Proportionality. The main problem is if it is possible to criminalize the violation of this principle or not. According to the documents and the procedure of The International Criminal Courts specially the International Criminal Tribunal for the former Yugoslavia or ICTY, and the International Criminal Court (ICC), the violation of the principle of Proportionality at the time of armed conflicts has been considered as a case of war crime and these courts have jurisdiction over these crimes.
 
Keyword(s): The principle of proportionality,The armed conflicts,The International Criminal Tribunal for the former Yugoslavia (ICTY),The International Criminal Court (ICC ),Additional protocol 1 1977
 
References: 
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