Thursday, January 29, 2009

Violations of international law

David Bernstein, writing at the Volokh Conspiracy:

One thing that's clear from the recent Gaza conflict is that to many leftists, "violations of international law" is simply shorthand for "a country is engaging in military action that I don't approve of."

A case in point is a statement, via Brian Leiter, by self-styled "American Jewish progressives" (some of whom, I note, seem to assert their Jewish identity only when its useful for bashing Israel) on Gaza. The statement claims that Israel acted "with little or no consideration for human rights or the laws of war."

As usual with such statements, not a single documented violation of the laws of war is mentioned. Say what you will about the wisdom, or even morality, about the IDF's actions in Gaza, the idea that it acts "with little or no consideration for the law of war" is absurd. Not only does the IDF have strict internal rules promulgated by its version of the JAG, but it knows it has the entire international left breathing over its shoulder, looking for any violations of rules that could be exploited for propaganda purposes.

....

In any event, I'll lay down the challenge to the signators of the statement that one should issue whenever one sees similarly ignorant statements: Precisely what "laws of war" do you claim Israel violated in Gaza, what is your evidence for these violations, what treaties or legal precedents can you cite to support your claim, are you aware of legal authorities that disagree with your interpretation of international law, and under what legal theory is Israel bound by whatever particular international law principle that you are purporting to apply (e.g., if you are citing a treaty that Israel specifically declined to be a party to)? Comments are open below for the signators. [UPDATE: One more: Specifically, what could Israel have done differently in Gaza that would lead you to acknowledge that it had complied with the laws of war. If the answer is, as I suspect for many signators it would be, "not go into Gaza to begin with," then obviously we can go back to the first sentence of this post."]

I may have to save that challenge for use elsewhere.  Of course, it won't be answered, any more than my question to one pipsqueak asking where the cited "war crime" had ever been defined as a "war crime" when Israel wasn't involved.  (For example, this pipsqueak called cried "War Crime!" and "Collective Punishment!" when Israel shot back at Lebanon.  Where else has shooting back in a war ever been called a "war crime"?)

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