Military advantage assessment

It is Article 57(2)(a)(iii) of Additional Protocol I that sets out the test for assessing if an attack, either against military objects or persons, may be expected to cause collateral casualties or damage which would be excessive in relation to the concrete and direct military advantage to be gained. The meaning of the term concrete and direct has proven difficult to decipher. For the ICRC it is suggested to show ... 

Oxford English Dictionary. However, see Boivin and Sandoz 2006, p. 21 (where it is acknowledged the term definite is similar to the concrete and direct wording used in relation to military advantage in the proportionality assessment, but still suggests the latter wording appears to introduce an additional element of specificity ). 

It is within this concept of a zone of proportionality that an assessment must be made of military advantage and its application to determine justifiable collateral effects resulting from an attack. 

The dialogue about the choice of methods and means of attack engages commanders on subjects about which they are most comfortable and knowledgeable. It is military commanders who identify and assess a chosen form of attack as to whether it leads to the desired outcome designed to gain a military advantage while limiting collateral effects. However, when there is more than one available... 

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