GayandRight

My name is Fred and I am a gay conservative living in Ottawa. This blog supports limited government, the right of the State of Israel to live in peace and security, and tries to expose the threat to us all from cultural relativism, post-modernism, and radical Islam. I am also the founder of the Free Thinking Film Society in Ottawa (www.freethinkingfilms.com)

Monday, January 12, 2009

More on Proportionality....

The IDF is not acting disproportionately....
The fact that hundreds of Palestinians have been killed during the operation in Gaza, compared to fewer than 20 Israelis, has nothing to do with the question of whether the operation is legal according to international law, says Prof. Yuval Shany, an expert in international law from Hebrew University's law faculty.

The relevant question, he said, is "whether the operation is proportionate to the provocation that led to it. When a single Qassam [rocket] is fired, the state cannot invade and conquer an entire country. There must be a measure of proportion between the action and the reaction. But here, we are not talking about a single Qassam, but about years of Qassams."

Israel, he continued, "is permitted to use force to the degree necessary to end the attacks against it. Therefore, it [the operation] is legal as long as it is meant to prevent the attacks."

However, Shany stressed, by law, Israel would not have the right to use force to effect regime change in the Gaza Strip. Israel would also have no right to deliberately target Palestinian civilians, even though Hamas deliberately targets Israeli civilians: One side's illegal actions do not entitle the other side to violate the law as well.

"In wartime, it is permissible to attack military targets only," Shany explained. "This means targets that make a significant contribution to the other side's war effort: Qassam launchers, Hamas fighting forces, weapons storehouses and [smuggling] tunnels."

1 Comments:

Blogger caz said...

sidest'Israel would also have no right to deliberately target Palestinian civilians, even though Hamas deliberately targets Israeli civilians:" Let's not EVER forget that they target their own people as well every time they hide behind them. If Hamas loves its people so much, why are food and supplies being provided by the very people Hamas targets? Peple need to seriously wake up to what's really happening here.

10:16 AM  

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