A Development of Modest Proportions: The Application of the Principle of Proportionality in the Targeted Killings Case

The comment critically discusses the application of the principleof proportionality by the Israeli Supreme Court in the TargetedKillings case. While the judgment confirms the customary statusof the principle and its applicability to all Israel DefenseForces (IDF) military operations during armed conflicts, itssubstantive contents remain, as might have been expected, unclear.In particular, the application of the ‘least-injuriousalternative’ subtest with regard to all civilians takinga direct part in hostilities is unsubstantiated and perhapstoo sweeping. However, the reference by the Court to ex anteand ex post review mechanisms to monitor the application ofthe proportionality principle constitutes a positive contributionto its development under international humanitarian law, whichmight also have some implications for criminal prosecutionsof soldiers and commanders involved in unlawful targeted killingoperations.