As always, there are false claims made about “international law” meant to hamstring Israel against an enemy whose military strategy is to use civilians as human shields. In April-May 2021, there was a flare up of fighting against Hamas in Gaza – fighting the was far less extentive than we are seeing in the past week. The law of armed conflict hasn’t changed, so the principles remaing.
Very important, what I think is most on-topic, for this panel and why we requested that these really two highly, highly-qualified people come on and explain to you, is that accusations about violation of international law become part of the media narrative and become essentially weaponized as part of the informational war on Israel….
Another reason to consider why Israel is so frequently cast as a serial violator of international law, and I think the undercurrent is if Israel, if Israel violates the rules by which countries agreed to conduct themselves, then it has, in a sense, lost the privilege of being part of the community of nations. And so it’s a fundamental attempt to delegitimize Israel as a country. And I think that’s why international law is so often invoked.
So an indiscriminate attack is an attack that may be expected in advance when these decisions are made, something Colonel Bar-On is going to talk about, to cause incidental loss of civilian life, which would be excessive in relation to the concrete and direct military advantage anticipated. But let’s say you have a mixed objective. You have a military objective that’s surrounded by civilians. So the additional protocol specifically addresses the question, the use of human shields. The presence or movement of the civilian population shall not be used to render certain points or areas immune from military operation, in particular attempts to shield military objectives from attacks or to shield favor or impede military operations….
So we might want to start just by putting some geographical sense to the issue… It’s important to note that all the pink and red spots on the map; this will indicate the inhabited areas of the Gaza strip. It’s important to look at it now, because these are the places in which the 99.99% of the fighting will always take place. You can see that there are many, many open spaces in Gaza Strip, rural areas.
Now, one of the main challenges for a military that’s fighting such attacks, in the offensive regard, meaning how do you target the launchers of these attacks, is the fact that they are always embedded in a very densely populated area. …. We can see here the salvos, hold those rockets again, a few seconds later, another salvo. You can see how densely populated, inhabited this area is.
Source: Law Daily Report (lawdailyreport.net)
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