Sunday 28 December 2008

Disproportionate response?

An excellent article regarding whether the Israelli attacks against Gaza are disproportionate.

The charge that Israel uses disproportionate force keeps resurfacing whenever it
has to defend its citizens from non-state terrorist organizations and the rocket
attacks they perpetuate. From a purely legal perspective, Israel's current
military actions in Gaza are on solid ground. According to international law,
Israel is not required to calibrate its use of force precisely according to the
size and range of the weaponry used against it.

And regarding International law on civilian casualties:

Luis Moreno-Orampo, the Chief Prosecutor of the International Criminal
Court, explained that international humanitarian law and the Rome Statute of the
International Criminal Court "permit belligerents to carry out proportionate
attacks against military objectives, even when it is known that some civilian
deaths or injuries will occur." The attack becomes a war crime when it is
directed against civilians (which is precisely what Hamas does).

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