Tag

Proportionality

All articles tagged with #proportionality

international-law2 years ago•47 min saved

The Gaza Conflict: Balancing Proportionality, Self-Defense, and Criticism

The concepts of proportionality and self-defense in the context of the ongoing conflict between Israel and Hamas in Gaza are explored. Proportionality, a key norm of international humanitarian law (IHL), seeks to limit the means and methods used in armed conflict to protect non-combatants. The principle of distinction, which requires a clear distinction between combatants and civilians, is crucial in upholding the rule of proportionality. The plea of self-defense has specific tests in international law, and while Hamas's claim of self-defense is implausible, the manner of Israeli military operations in Gaza must be examined to determine if they meet the legal tests of self-defense. The International Court of Justice has stated that self-defense is not available to an occupying power, but an occupying power has the right to protect itself from insurgency attacks within the occupied territory. The measures taken must adhere to applicable international law, including the principles of necessity and proportionality.

via Lawfare|

#gaza #international-humanitarian-law #international-law

conflictinternational-relations2 years ago•13 min saved

Examining Israel's Proportionality in Gaza Conflict

The article examines Israel's approach to proportionality in the conduct of hostilities in Gaza, particularly in relation to civilian casualties. It discusses the legal framework of proportionality under international humanitarian law (IHL) and the challenges of applying it in practice. The author analyzes the Oct. 31 Jabalia camp strike as a case study, highlighting Israel's official statements and the expected civilian harm in the attack. The article argues that Israel's tolerance for civilian casualties appears to be out of step with that of the U.S. and its coalition partners in previous counterterrorism operations, raising concerns about compliance with IHL. The growing disquiet in the Biden administration about civilian casualties in Gaza poses a challenge for countries supporting Israel's military operations.

via Lawfare|

#civilian-casualties #conflictinternational-relations #gaza

international-affairs2 years ago•8 min saved

Navigating Proportionality and Ceasefire: Insights from Israeli Peace Negotiator

A recent essay argued that Israel's military campaign in Gaza is causing disproportionate harm to civilians and called for a ceasefire or a change in Israel's aims and methods. In response, an article published on Just Security claimed that the total harm inflicted on civilians can never render a military campaign disproportionate. However, the author of the original essay refutes this claim, citing State practice and international law. They argue that several dozen states have condemned Israel's use of force as disproportionate due to the harm inflicted on civilians. The author criticizes the reliance on a passage from the US Department of Defense Law of War Manual as weak evidence and highlights the importance of considering civilian harm in proportionality assessments. They conclude that states should apply the law to protect civilians and prevent further suffering.

via Just Security|

#gaza #international-affairs #international-law

international-law2 years ago•13 min saved

Unmasking the Distorted Narratives: Examining the Israel-Hamas Conflict and the Laws of War

The author criticizes the trend among laws of armed conflict scholars to justify the killing of Palestinian civilians in Gaza by emphasizing the potential proportionality of the attacks. They argue that this legitimizing prism reproduces serious misconceptions about the relationship between distinction and proportionality under customary International Humanitarian Law (IHL). The author highlights the importance of the customary prohibition of indiscriminate attacks, which prohibits attacks that fail to distinguish between civilians and lawful targets. They argue that attacks resulting in extensive civilian harm cannot be justified as proportionate under IHL, and that the current trend undermines the protective functions of IHL and international criminal restraints.

via EJIL: Talk!|

#distinction #gaza #indiscriminate-attacks

international-relations2 years ago•4 min saved

Norway Criticizes Israel's Gaza Attack as Potential Violation of International Law

Norway's prime minister, Jonas Gahr Støre, has criticized Israel's actions in Gaza, stating that they have gone beyond proportionality and breached humanitarian norms and standards. He called attention to the catastrophic humanitarian consequences, including the high number of casualties and destruction, particularly affecting children. Støre emphasized that while Norway condemns Hamas terror and supports Israel's right to defend itself, proportionality must be respected. The Gaza war has sparked protests in European cities and a rise in antisemitic incidents. Norway, along with other Nordic countries, has called for a humanitarian truce in Gaza and has voted in favor of a UN resolution to that effect.

via EUobserver|

#gaza #humanitarian-pause #international-relations