Jus In Bello Analysis

The Conduct of War
The tensions between the United States and Canada have been extremely high, since the accusations started by both countries of sending terrorists into eachs countries oil production facilities. On June 2017 after mysterious explosions and fired destroyed the North Dakota town of Willistin, the united states, claiming self defense, declared war on Canada. The European union negotiated a truce but irritated Canadian civilians are now waging guerilla warfare in hopes of restarting the American-Canadian War. The Combat Brigade Team (CBD) is in charge of launching a counterinsurgency campaign against the Canadian guerillas that want to provoke the US military into war, and has asked me to prepare rules of engagement brief
Gross ties proportionality to necessity, reasoning that what it is necessary to do can influence what it is proportionate to do. He suggests that proportionality is to be considered by looking at what has historically been necessary to win wars and that this then must be adjusted to asymmetric warfare. Gross argues that “when the weaker side of a conflict has comparatively crude weaponry, it may justifiably claim that this must broaden the scope of proportionality and allow it more collateral harm than the principle traditionally permits.” (Gross 169). This seems to me an incredible take on proportionality, which should be considered differently and apart from the principle of necessity. He is permitting to disregard a crucial principle in conducting a just war because another crucial principle may be satisfied. These two principles are independent of one another and should not be compared to allow or justify one or the other. Gross’s point of allowing non-lethal weapons and thus a broader scope of people being targeted in asymmetric warfare is constantly being stated. His main defense for this argument is that, “the use of non-lethal weapons against civilians reduce harm to civilians: Civilians suffer incapacitating harm to save them from lethal harm” (Gross 150). While this could be true, non-lethal weapons could now allow for proportionate attacks that would have been disproportionate with lethal weapons. By following Gross’s guidelines, we would be creating more war, more suffering, and more harm, to a broader scope of people. It is unnecessary, disproportional, and almost ignoring completing the principle of discrimination. These three humanitarian principles are crucial in conducting a war where the nation leading the counterinsurgency campaign wants it to follow jus in bello principles and international humanitarian laws. Gross not only describes a type of warfare that defies the