Israel, Gaza and "Proportionality"

By Louis René Beres 

• It appears that several major Palestinian terror groups have begun to prepare for mega-terror attacks on Israel.
• The authoritative rules of war do not equate "proportionality" with how many people die in each side of a conflict. In war, no side is ever required to respond to aggression with only the equivalent measure of force. Rather, the obligations of proportionality require that no side employ any level of force that is greater than what is needed to achieve a legitimate political and operational objective.
• Under pertinent international law, the use of one's own people as "human shields" -- because such firing from populated areas is intended to deter Israeli reprisals, or to elicit injuries to Palestinian civilians -- represents a codified war crime. More specifically, this crime is known as "perfidy." This is plainly an attempt to make the IDF appear murderous when it is compelled to retaliate, but it is simply a Palestinian manipulation of legal responsibility. Under law, those Arab residents who suffer from Israeli retaliations are incurring the consequences of their own government's war crimes.
• International law is not a suicide pact. Instead, it offers a universally binding body of rules and procedures that allows all states to act on behalf of their "inherent right of self-defense."

In its most recent defensive operations, Israel accomplished an impressively high rate of "Iron Dome" interceptions against incoming rockets from Gaza. Still, it would be a mistake to extrapolate from any such relatively limited successes to the vastly more complex hazards of strategic danger from Iran. (Image source: IDF)

Already, calls from various directions have begun to condemn Israel for its recent retaliatory strikes in self-defense at Gaza.[1] The carefully-rehearsed refrain is all-too familiar. Gazan terrorists fire rockets and mortars at Israel; then, the world calls upon the Israel Air Force (IAF) not to respond.

Although Israel is plainly the victim in these ritualistic cycles of Arab terror and required Israeli retaliations, the "civilized world" usually comes to the defense of the victimizers. Inexplicably, in the European Union, and even sometimes with the current U.S. president, the Israeli response is reflexively, without thought, described as "excessive" or "disproportionate."

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