Nexus among Principles of Military Necessity, Proportionality and Collateral Damage in International Humanitarian Law: A Study to Analyse Precarious Balance

Abstract

This research essay delves into the fundamental principles of military necessity, collateral damage, and proportionality within the realm of international humanitarian law (IHL). These principles provide guidance and directions for the conduct of military operation in order to maintain balance between achieving military objectives and protecting civilian lives and infrastructure. Military necessity legitimizes essential actions aimed at securing a legitimate military objective. Whereas, collateral damage refers to unintended harm to civilians and civilian objects, which, while often inevitable, must be moderate, marginal and minimized. In order to comply with the principles of proportionality, the anticipated military advantage of an attack should balance against potential civilian harm. By examining the legal foundations, historical evolution, and practical applications of these principles through case studies and legal precedents, this essay highlights their enduring significance in maintaining the moral and legal integrity of warfare. Through legal-academic discourse, this article is an attempt to highlight the importance of the ongoing need for rigorous application and adaptation of these principles in contemporary armed conflicts.