“The Doctrine of Proportionality in international law is not about equality of death or civilian suffering or ever about equality of fire power. Proportionality weighs the necessity of a military action against suffering that the action might cause civilians in the vicinity under international law and the Rome Statue. The death of civilians during an armed conflict, no matter how grave and regrettable, does not constitute a war crime. A crime occurs if there is an intentional attack directed against civilians or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage” Chief Prosecutor, International Crime Court, Luis Moreno Ocampo. (Then why hasn’t Hamas been charged with war crimes.)
“The greater the military advantage the larger the amount of collateral damage – often civilian casualties – which will be justified and necessary.” University of Essex, U.K., Dr. Francoire Hampton
The law of war seems complicated. An example is – the Palestine/Hamas have been lobbing missiles into Israel on a continuous basis. The people in Israel have been exposed to danger every day of their lives and the world community does not seem to give a damn as long it is not coming into their country. A good example of the attitude of a journalist who labeled Israel’s iron dome missile deflective system, “UNSPORTSMANLIKE” because it protects Israeli’s civilian population too well. As the Israeli ground incursion into Gaza continues, increased attention will be focused on the nation of “proportionality” in both the number of casualties on both sides and the sophistication of the weapons each side brings to bear.
Britain’s Deputy Prime Minister Nick Clegg characterized Israel’s operations against Hamas in language that came close to an accusation of war crimes. “I really do think now the Israeli response appears to be deliberately disproportionate. It is amounting now to disproportionate form of collective punishment. (The world didn’t hear Clegg make any remarks when Israel was being punished with missiles every day.) Clegg continued: Even President Obama, who has been a firm advocate of Israeli’s self-defense, in this instance, told reporters that he encouraged Israeli’s Prime Minister to ‘minimize civilian deaths.'”
The Israeli Prime Minister has given notice to the Palestine people to leave with each incursion. This is more than Hamas has done in any part of the world with their killing fields. Instead, Hamas has endangered their own people by stock piling the missiles and launching them within schools, hospitals, residential homes, and business districts and then firing them from these areas with the people being present. How evil is that? When the Palestine people try to leave they will not allow them to leave the area. And then for someone to have the nerve to tell Israel “to minimize the casualties in Palestine.” When the Muslims start raising Hell in London – wonder who will be the first one to leave town – does his name start with a C!
There are at least twice as many young British Muslims who have gone to Syria to fight alongside the ISIS than those who are fighting for the Queen and her country in the British Armed Forces. Will these British Muslims be welcomed back home in Britain with open arms and what medals will they be awarded after the conflict is over? They should not be allowed back into Britain.
Israel has a right and indeed the obligation to defend its people, has the right to win the war of self-defense that it is fighting and has taken account of the requirement of international law regarding proportionality and military necessity. This coupled with the willingness of Israel to accept the Egyptian’s cease-fire (but rejected by Hamas), acceptance of a UN-sponsored humanitarian truce and the continued provision of food, medicine, and electricity to the residents of Gaza. Do you think Hamas, a terrorist group, would accept its responsibility by following these same rules of the road? Absolutely not – they are a terrorist organization and have to be defeated.
No wonder we have been in this war for over ten years and all of the killing and maiming of our young people and millions and millions of dollars spent for this war. With the attitude that our leader and politicians carry with them – that it is unsportsmanlike if you kill the enemy, give them rubber bullets, and don’t shoot until you are shot at which were the instructions given to our military, it is totally disgusting. These politicians, all over the world, are making fools of the people and wasting our young people’s lives.