The Concept of Proportionality in the Context of International Humanitarian Law and Its Customary Basis

This study decisively explores the principle of proportionality as an essential element of International Humanitarian Law (IHL), tracing its development from ancient moral codes to its formal codification in modern treaties and customary law. It effectively examines the critical balance between military necessity and humanitarian protection, illustrating how proportionality serves as both a legal standard and a moral guideline in armed conflict. By analyzing its historical trajectory from early civilizations and religious doctrines to medieval just war theory and contemporary international jurisprudence, this research asserts the enduring significance of proportionality. It underscores the principle's vital role in directing military decision-making to prevent excessive harm to civilians, its affirmation by international courts, and its integration into state practices and military manuals. The paper confidently advocates for a clearer and more explicit incorporation of proportionality in IHL instruments, calling for its prioritization by prominent international bodies such as the ICRC. Ultimately, this study positions proportionality not merely as a practical constraint on the conduct of hostilities, but as a profound embodiment of humanity within the laws of war.