This article proposes "functional reconstruction" – a path between impossible UN Charter amendment and systemic collapse when Security Council veto paralysis blocks collective security. It advances three moves: re-anchoring functions in the General Assembly, enabling treaty-based enforcement coalitions, and developing a doctrine of veto abuse with consequences. This preserves legal continuity while restoring capacity without great-power consent.
FHI interposes an "avoidability gate" before proportionality: where identifiable civilians face foreseeable risk and alternatives exist, attacks must not proceed. It shifts inquiry from subjective intent to objective facts - what commanders knew and could have done. Grounded in AP I Article 57, FHI interprets existing IHL: enhanced ISR creates thicker protective duties. Core principle: if you can see them, and you can spare them, you must spare them.