Legal Definitions - proportionality

Proportionality is a fundamental legal principle asserting that any action taken, particularly in response to a threat, harm, or wrongdoing, must be appropriate and not excessive when compared to the initial provocation or the objective it seeks to achieve. It requires that the response be balanced and measured, ensuring that the harm caused by the response does not outweigh the harm it aims to prevent or rectify.

• Example 1: Self-Defense in a Home Invasion

  Imagine a homeowner discovers an unarmed intruder attempting to steal valuables from their garage. The intruder, startled, immediately turns and attempts to flee the property. If the homeowner were to pursue the fleeing, unarmed intruder and use lethal force, such as shooting them in the back, that action would likely be considered disproportionate.

  This illustrates proportionality because the threat posed by an unarmed, fleeing intruder is primarily property loss, not imminent bodily harm to the homeowner. Using lethal force in such a situation would be an excessive response, as it causes far greater harm (loss of life) than the threat (theft of property) and is not necessary to stop an immediate danger. The response is not proportional to the threat.

• Example 2: Police Use of Force During an Arrest

  Consider a scenario where police officers are attempting to arrest a suspect who is verbally uncooperative but not physically resisting, threatening, or attempting to flee. If the officers immediately resort to using a taser or significant physical restraint, such as a chokehold, without first attempting less forceful methods, their actions might be deemed disproportionate.

  The principle of proportionality dictates that law enforcement should use the minimum amount of force necessary to achieve a lawful objective, like making an arrest. If the suspect is not physically resisting or posing a direct threat, a high level of force would be an excessive response to mere verbal non-compliance. The force used should be scaled appropriately to the level of resistance or threat encountered.

• Example 3: Military Response to a Border Skirmish

  Suppose a small group of armed individuals from one nation briefly crosses an international border, fires a few warning shots into an uninhabited area, and then immediately retreats back to their own territory. If the offended nation responds by launching a full-scale aerial bombardment of military installations deep within the aggressor's territory, causing significant casualties and infrastructure damage, this response would likely be considered disproportionate under international law.

  This demonstrates proportionality because the initial incursion, while a violation, was limited in scope and impact. A massive military retaliation that causes widespread destruction and potential loss of life far exceeds the scale of the initial provocation. Proportionality in this context requires that the military response be limited to what is necessary to repel the aggression and deter future incursions, without escalating to an extent that is vastly out of balance with the original threat.