Friday, January 02, 2009

Dershowitz on "Proportionality"

Alan Dershowitz, not known for his hard-line right wing positions, calls Israel's response to Hamas "perfectly proportionate".

The claim that Israel has violated the principle of proportionality -- by killing more Hamas terrorists than the number of Israeli civilians killed by Hamas rockets -- is absurd. First, there is no legal equivalence between the deliberate killing of innocent civilians and the deliberate killings of Hamas combatants. Under the laws of war, any number of combatants can be killed to prevent the killing of even one innocent civilian.

Second, proportionality is not measured by the number of civilians actually killed, but rather by the risk posed. This is illustrated by what happened on Tuesday, when a Hamas rocket hit a kindergarten in Beer Sheva, though no students were there at the time. Under international law, Israel is not required to allow Hamas to play Russian roulette with its children's lives.

While Israel installs warning systems and builds shelters, Hamas refuses to do so, precisely because it wants to maximize the number of Palestinian civilians inadvertently killed by Israel's military actions. Hamas knows from experience that even a small number of innocent Palestinian civilians killed inadvertently will result in bitter condemnation of Israel by many in the international community.

Israel understands this as well. It goes to enormous lengths to reduce the number of civilian casualties -- even to the point of foregoing legitimate targets that are too close to civilians.

Until the world recognizes that Hamas is committing three war crimes -- targeting Israeli civilians, using Palestinian civilians as human shields, and seeking the destruction of a member state of the United Nations -- and that Israel is acting in self-defense and out of military necessity, the conflict will continue.

 

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