Proportionality in international law is not about equality of death or civilian suffering, or even about firepower returned being equal in sophistication or lethality to firepower received. Civilian casualties are much to be mourned, but what becomes clear – absent the propaganda element or a shaky notion of sportsmanship – is that Israel has the right and indeed the obligation to defend its people, has the right to win the war of self-defense that it is fighting, and has taken account of the requirements of international law regarding proportionality and military necessity. This, coupled with the willingness of Israel to accept the Egyptian-sponsored ceasefire, acceptance of a UN-sponsored humanitarian truce, and the continued provision of food, medicine, and electricity to the residents of Gaza, should help erase the buts of fair-minded people. Under international humanitarian law and the Rome Statute, the death of civilians during an armed conflict, no matter how grave and regrettable does not constitute a war crime.... even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality). gatestoneinstitute.org/4462/proportionality-doctrine
Posted on: Sun, 20 Jul 2014 19:49:41 +0000
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