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A recent decision from the Southern District of New York serves as a timely reminder that proportionality is a key gatekeeping principle shaping the scope of discovery. Over the past decade, ...
More than three years after their implementation, attorneys, courts, and litigants are still learning to navigate the new waters in Federal Rule of Civil Procedure 26. As a result of the 2015 ...
The hoary doctrine of “proportionality” from the “just war” theory is being sorely tested by the wars in the Middle East and Ukraine. The premise of this theory, as first expounded in the West by ...
Forbes contributors publish independent expert analyses and insights. Jill Goldenziel writes & consults on security, law, & business risk. Proportionality in war does not mean balancing number of ...
Distinguished chair, excellencies, ladies and gentlemen, The International Committee of the Red Cross (ICRC) is grateful for the opportunity to address the Open-Ended Working Group a second time ...
More than a month after Hamas fighters killed 1,400 Israelis in a shock assault, bombs continue to fall on the Gaza Strip in reprisal Israeli attacks. The aerial campaign has left a heavy death toll – ...
The concept, important for determining the legality of an act of war, is about weighing civilian harm against military objectives, not about achieving a balanced number of casualties. By Steven ...