{"title":"饥荒是战争的附带损害","authors":"Margherita Stevoli","doi":"10.1163/18781527-01101001","DOIUrl":null,"url":null,"abstract":"This contribution intends to assess the interplay between the proportionality rule and the prohibition of starvation, detailing how proportionality assessments undertaken by warring parties prior to launching attacks must take into consideration the food security situation of the affected civilian population, and the possibility of causing starvation. The article provides and analysis of the prohibition of starvation included in the Additional Protocols, outlining its inherent limitations. It then argues the need of evaluating the so-called “conflict-induced hunger” under the lens of the proportionality rule and gives an overview of how parties can include the evaluation of food insecurity and malnutrition levels in their assessment of collateral damages.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":"11 1","pages":"163-186"},"PeriodicalIF":0.3000,"publicationDate":"2020-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18781527-01101001","citationCount":"1","resultStr":"{\"title\":\"Famine as a Collateral Damage of War\",\"authors\":\"Margherita Stevoli\",\"doi\":\"10.1163/18781527-01101001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This contribution intends to assess the interplay between the proportionality rule and the prohibition of starvation, detailing how proportionality assessments undertaken by warring parties prior to launching attacks must take into consideration the food security situation of the affected civilian population, and the possibility of causing starvation. The article provides and analysis of the prohibition of starvation included in the Additional Protocols, outlining its inherent limitations. It then argues the need of evaluating the so-called “conflict-induced hunger” under the lens of the proportionality rule and gives an overview of how parties can include the evaluation of food insecurity and malnutrition levels in their assessment of collateral damages.\",\"PeriodicalId\":41905,\"journal\":{\"name\":\"Journal of International Humanitarian Legal Studies\",\"volume\":\"11 1\",\"pages\":\"163-186\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2020-06-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1163/18781527-01101001\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Humanitarian Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/18781527-01101001\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Humanitarian Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18781527-01101001","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
This contribution intends to assess the interplay between the proportionality rule and the prohibition of starvation, detailing how proportionality assessments undertaken by warring parties prior to launching attacks must take into consideration the food security situation of the affected civilian population, and the possibility of causing starvation. The article provides and analysis of the prohibition of starvation included in the Additional Protocols, outlining its inherent limitations. It then argues the need of evaluating the so-called “conflict-induced hunger” under the lens of the proportionality rule and gives an overview of how parties can include the evaluation of food insecurity and malnutrition levels in their assessment of collateral damages.
期刊介绍:
The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.