ABSTRACT

Chapter 3 discusses proportionality in the use of force in self-defence. The approach of the cases limits this to the immediate defence of the unit under attack, essentially a unit self-defence approach. Use of force beyond that requirement can be the point which reaches the threshold for the application of the law of armed conflict. Despite the position in some naval and military manuals that it applies at the first shot, the cases are much more restrained. The cases actually treat most incidents as questions for the jus ad bellum rather than the jus in bello.