Practice Relating to Rule 14. Proportionality in Attack
Section B. Determination of the anticipated military advantage
The Military Manual (2005) of the Netherlands states: “The relation between collateral damage and the degree of force used on the one hand, and the expected military advantage on the other hand, must not be disproportionate.”
At the CDDH, the Netherlands stated that in its view the expression “military advantage anticipated” was intended to refer to “the advantage anticipated from the attack considered as a whole and not only from isolated or particular phases of that attack”.
Upon ratification of the 1977 Additional Protocol I, Netherlands stated that the term “military advantage” as used in the proportionality test of Articles 51 and 57 of the Protocol was understood to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack.