Many laws introduced with unseemly haste before Christmas, and in the name of national security, go well beyond what might be deemed to proportionate, creating a chilling effect on freedom of speech and the press and breaching the right to privacy.
In addition, some civilian bystander deaths would be permitted if deemed necessary and proportionate.
Normally in war, the law permits some civilian deaths if deemed necessary and proportionate to a legitimate military aim.
This is at odds with our understanding of international human rights law, which recognises the need for individuals and organisations to protect their rights and reputations – so long as any protective action is deemed necessary and proportionate.
Covert intelligence-gathering by law enforcement or government agencies is regulated under the Regulation of Investigatory Powers Act 2000 (Ripa), which states that to intercept communications a warrant must be authorised by the home secretary and be deemed necessary and proportionate in the interests of national security, public safety or the economic wellbeing of the country.
The Syrian opposition, still excluded from both Saturday and Sunday's talks, claim the measure would be legal since there is an overwhelming humanitarian need, a lack of alternatives and the action would be deemed both necessary and proportionate.
Exceptions to this right may be made only if it deemed not to be proportionate in the light of the circumstances of the case, or in exceptional cases, at the pre-trial stage, given the child's best interest.
The letter, dated Friday 31 March, goes on to say that if detectives believed Asiri was in the UK "we will consider any opportunities to arrest or interview any individual, should we deem the action to be proportionate, legal and necessary as part of the scoping exercise".
Under the Trump administration's new rules, some civilian deaths are now permitted in much of Somalia and parts of Yemen if regional American commanders deemed the military action necessary and proportionate.
