Practice Relating to Rule 14. Proportionality in Attack
Hungary’s Military Manual (1992) considers a military action to be proportionate “when it does not cause collateral civilian casualties and excessive damage in relation to the expected military advantage of the operation”.
At the CDDH, Hungary stated:
The debate had shown that opinion in the [Third] Committee was divided on the principle of proportionality … [A] rule well established in international law should be reflected in practice and should produce the intended effects. Yet the number of civilians victims had increased alarmingly over the past few years: accordingly, either the rule was not well established and hence not binding; or it existed and could not be applied in armed conflicts; or it existed and was applied, but the results of its application provided the best argument against it. The [proposed] amendments … improved the ICRC text and maintained the rule of proportionality, but did not provide a satisfactory solution of the problem.