Military advantage must be balanced against the risk of civilian casualties, even when vital interests are at stake, says the law professor
LAW ACCEPTS the reality that war is a feature of human relations. Hence, law in war is meant to strike a balance between the need to use force in extreme circumstances and the wish to reduce the prospect of war and keep the associated human suffering to a minimum. This balancing act takes two forms. The UN Charter limits the right of states to make war. Humanitarian law limits the means of warfare. The UN Charter permits necessary and proportionate self-defence.
” This view would unhinge the law on the protection of civilians. The extent of its application cannot be relative, depending on the sense of injustice and threat felt by the state using force. Every state going to war will inevitably feel that its vital interests are at stake. But this becomes a judgment on how far force can be used in self-defence under the UN Charter, and not on the extent to which civilians must be protected under humanitarian law when that force is used.
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