过度武力辨

当黎巴嫩战争持续之际,人们广为谈论“过度武力”这一词语,好似其身后有国际法中清晰无误的原则,告知人们何时武力过度以及为何这是非法之举。但是,由于军事作战引发的平民死亡并不足以说明使用了“过度武力”。如果某一方的儿童死亡多于另一方,也并不达到某种标准,而无论这一标准为何。那么,“过度武力”究竟为何物,其在战争法中地位究竟如何呢?

让我们回归本源。在有关自卫的国内法中,使用武力必须总是必须的,而且与受到保护的利益成比例。一个显而易见的例子就是一个店主是否可以枪击携其店内商品逃跑的打劫者。如果没有其他制止小偷的方式,那么,使用武力就是必需的了。

但是,这是成比例的吗?那就要取决于打劫者被枪击的代价是否明显地高于被盗商品的价值,以至于店主应当至少在当时不什么也不做。店主总是可以报警并且可能索回商品。换句话说,当使用武力的代价过高时,武力就不成比例。

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