Proportional Proportionality
The pre 2nd world war Appeasement policy closely resembles today’s demands of “Proportionality”.
By Prof. David A. Frenkel, Professor Emeritus at the Faculty of Business and Management, INN
The term “proportionality” is one of the remarkable inventions of the modern western legal systems. It enables the Courts find the desirable way in the interpretation of private rights versus the State in Administrative Law, solve disputes among litigants and set down appropriate punishments in criminal cases. However, this term is only appropriate where all conflicting parties act under the same legal frame and the values are accepted by all of them. The same rule may also be applied to conflicts in the international sphere, provided all parties in the conflict accept the same values and follow them.
However, in international conflicts, where not all the parties act in the framework of the international conventions, the term “proportionality” becomes an one way weapon applied and used against the party who does follow them and is called to restrain and abstain from any response against the attacking party, claiming that any response may escalate the conflict because, or despite the fact that, the attacking party does not consider himself bound by “proportionalities” or any other limits or accepted rules.
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