On The Disproportionate Debate

The Jerusalem Center for Public Affairs has uploaded their latest report on the issue of proportionality in Gaza.

Summary:

Did Israel Use "Disproportionate Force" in Gaza?

Dore Gold

Israeli population centers in southern Israel have been the target of over 4,000 rockets, as well as thousands of mortar shells, fired by Hamas and other organizations since 2001. Rocket attacks increased by 500 percent after Israel withdrew completely from the Gaza Strip in August 2005. During an informal six-month lull, some 215 rockets were launched at Israel.

The charge that Israel uses disproportionate force keeps resurfacing whenever it has to defend its citizens from non-state terrorist organizations and the rocket attacks they perpetuate. From a purely legal perspective, Israel's current military actions in Gaza are on solid ground. According to international law, Israel is not required to calibrate its use of force precisely according to the size and range of the weaponry used against it.

Ibrahim Barzak and Amy Teibel wrote for the Associated Press on December 28 that most of the 230 Palestinians who were reportedly killed were "security forces," and Palestinian officials said "at least 15 civilians were among the dead." The numbers reported indicate that there was no clear intent to inflict disproportionate collateral civilian casualties. What is critical from the standpoint of international law is that if the attempt has been made "to minimize civilian damage, then even a strike that causes large amounts of damage - but is directed at a target with very large military value - would be lawful."

Luis Moreno-Orampo, the Chief Prosecutor of the International Criminal Court, explained that international humanitarian law and the Rome Statute of the International Criminal Court "permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur." The attack becomes a war crime when it is directed against civilians (which is precisely what Hamas does).

After 9/11, when the Western alliance united to collectively topple the Taliban regime in Afghanistan, no one compared Afghan casualties in 2001 to the actual numbers that died from al-Qaeda's attack. There clearly is no international expectation that military losses in war should be on a one-to-one basis. To expect Israel to hold back in its use of decisive force against legitimate military targets in Gaza is to condemn it to a long war of attrition with Hamas.