Zur Dogmatik des Verhältnismäßigkeitsgrundsatzes im Völkerrecht der bewaffneten Konflikte und im Völkerstrafrecht

Launching a manifestly excessive attack is criminal according to Art. 8 II b) ICC-Statute. But what if non-necessary weapons are being used even though military advantage and collateral damage seem to be in proportion? The book explores this question. First, the theory of principles is applied to IHL and the legal-theoretical character of the rule of proportionality is examined. Then, the history of the development of AP I is analyzed with regard to the connection between necessity and proportionality in the narrow sense. Finally, the results of both approaches lead to a model of a "targeting cycle" from which it follows that those who use non-necessary weapons commit a war crime, too.