War and Proportionality
The Israeli Defense Forces (IDF) response to Hamas in Gaza is disproportionate!
This is a common claim among those protesting the recent IDF retaliation against Hamas rocket attacks on Israel from Gaza. What is a proportionate military response? Would Israel similarly launching an equal number of unguided high explosive rockets at civilian targets in Gaza be a proportionate and acceptable response?
The people making the claim of "disproportionate response" either do not understand what a proportionate response under international rules of war consists or are aware and are deliberately misleading others. I suspect the second for those with agendas and the first for most of the world.
When claiming the IDF response is disproportionate, the burden of proof is on the person making the claim. The only proof that has been offered to date has been a comparison of fatality and casualty statistics. Is this proof of lack of proportionality? No, the number of casualties and fatalities is not nor has ever been the standard measure of proportionality. Proportionality is defined in the laws of war as that military force which is necessary to establish the status quo ante (status before combat). Thus, proportionality is not an equivalent number of fatalities or casualties. Nor is proportionality a similar level of warmaking technology. Proportionality is ensuring that only the amount of force needed to reinstate the status quo ante is applied.
The IDF response is neither disproportionate nor outside the bounds of international law, much to the dislike of many. As Michael Totten has pointed out; "Hamas is still firing rockets; therefore, the IDF is not using more force than necessary to disrupt the firing of rockets. Israel, arguably, is using less force than necessary." So, as long as the IDF employs on that force necessary to destroy or capture and remove the Hamas rockets, the IDF actions will remain proportionate under the established rules of war.
We at CAS are not unfamiliar with the laws of armed conflict and the many conventions, having been in combat as a bona fide combatant. We have attended annual training on the laws of armed conflict for many years; as well as, have done independent research to locate and read the various treaties and conventions in the pre-Internet age. (When others read bestsellers or Playboy, we read the four Geneva Conventions. Yeah, we know.) As a Christian warrior we fully respect the rights of others to protest; however, we have a great love of truth and have little respect for those who distort truth for their own selfish purposes. All truth is from and of God and leads us closer to God.
Pray for peace and for Jesus to be merciful towards the dead, injured, and frightened of both sides.
UPDATE
For those Twittering, the TinyURL for this post is: http://tinyurl.com/cas-idf
Source: Gaza and the Law of Armed Conflict
This is a common claim among those protesting the recent IDF retaliation against Hamas rocket attacks on Israel from Gaza. What is a proportionate military response? Would Israel similarly launching an equal number of unguided high explosive rockets at civilian targets in Gaza be a proportionate and acceptable response?
The people making the claim of "disproportionate response" either do not understand what a proportionate response under international rules of war consists or are aware and are deliberately misleading others. I suspect the second for those with agendas and the first for most of the world.
When claiming the IDF response is disproportionate, the burden of proof is on the person making the claim. The only proof that has been offered to date has been a comparison of fatality and casualty statistics. Is this proof of lack of proportionality? No, the number of casualties and fatalities is not nor has ever been the standard measure of proportionality. Proportionality is defined in the laws of war as that military force which is necessary to establish the status quo ante (status before combat). Thus, proportionality is not an equivalent number of fatalities or casualties. Nor is proportionality a similar level of warmaking technology. Proportionality is ensuring that only the amount of force needed to reinstate the status quo ante is applied.
The IDF response is neither disproportionate nor outside the bounds of international law, much to the dislike of many. As Michael Totten has pointed out; "Hamas is still firing rockets; therefore, the IDF is not using more force than necessary to disrupt the firing of rockets. Israel, arguably, is using less force than necessary." So, as long as the IDF employs on that force necessary to destroy or capture and remove the Hamas rockets, the IDF actions will remain proportionate under the established rules of war.
We at CAS are not unfamiliar with the laws of armed conflict and the many conventions, having been in combat as a bona fide combatant. We have attended annual training on the laws of armed conflict for many years; as well as, have done independent research to locate and read the various treaties and conventions in the pre-Internet age. (When others read bestsellers or Playboy, we read the four Geneva Conventions. Yeah, we know.) As a Christian warrior we fully respect the rights of others to protest; however, we have a great love of truth and have little respect for those who distort truth for their own selfish purposes. All truth is from and of God and leads us closer to God.
Pray for peace and for Jesus to be merciful towards the dead, injured, and frightened of both sides.
- Blessed are the peacemakers: for they shall be called the children of God.
Matthew 5:9
UPDATE
For those Twittering, the TinyURL for this post is: http://tinyurl.com/cas-idf
Source: Gaza and the Law of Armed Conflict
Labels: War
3 Comments:
As the Bible says, 150 eyes for an eye, 150 teeth for a tooth.
That's proportionate, and if it was good enough for Moses it's good enough for me!
>Steve Hayes said... "As the Bible says, 150 eyes for an eye, 150 teeth for a tooth."
I don't belive that is in the Bible. Do you have a citation? Seems more like an exageration of the Code of Hammurabi.
>"That's proportionate, and if it was good enough for Moses it's good enough for me!"
However, "150 eyes for an eye" is generally NOT proportionate as defined by the laws of war. As pointed out in our post, the internationally agreed definition of "proportion" is greatly misunderstood. Proportionality can only be judged by comparison to the status quo ante.
Thank you for taking time to comment. God bless... +Timothy
I think it is an error to say the burden is on an observer to prove that an act of war is disproportionate; the burden is on the combatant to demonstrate that the objective and methods are just.
The observer, whoever and wherever he may be, lacks the necessary information which is freely available to the decision makers to conclude with certitude.
Further, to claim that because someone is still resisting that whatever means are being used are, de facto, insufficient is a perversion of Just War doctrine (not to mention circular reasoning; by this standard any level of resistance to an occupier would justify any use of force by an aggressor until total submission was achieved).
If one is to be faithful to Christian teaching on war, you would have to reconcile the damage that is presented by the continued rocket attacks with that which is likely to be brought about by further combat, and whether a just outcome can be obtained, and whether the means to obtaining it are just.
I'm not saying that the current (or rather, recent) action by the Israelis is not just, but I am saying that I find these arguments deficient.
<< Home