What does the 'necessary and proportionate' principle in EIM dictate?

Study for the Law and Policy Test. Use flashcards and multiple choice questions to prepare for topics such as legal principles, governance, and policy analysis. Perfect your understanding with detailed explanations and hints to excel in your exam!

The 'necessary and proportionate' principle in the context of enforcement in international law mandates that any response to a threat must be balanced and measured. This principle emphasizes that actions taken in response to threats should not exceed what is required to achieve the objective of addressing the threat effectively. The reasoning behind this is to prevent the use of excessive force and to ensure that the response is appropriate to the severity of the situation at hand.

For instance, if a small-scale disturbance occurs, the response should be limited to what is necessary to restore order, rather than deploying overwhelming military force. This principle aims to maintain the dignity of individuals and promote accountability by ensuring that authorities do not overstep their boundaries, thus minimizing harm and unnecessary escalation of violence.

Other options, such as using excessive force or prioritizing staff safety at all costs, do not align with the principle's intent. Maximum penalization for offenders also diverges from the idea of proportionate responses that are appropriate to the context of the incident. By emphasizing a balanced response, the 'necessary and proportionate' principle seeks to create a framework for action that respects human rights and the rule of law.

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