Friday, January 02, 2009

  • Friday, January 02, 2009
  • Elder of Ziyon
Anyone who has seen the IDF aerial videos of airstrikes in Gaza has seen the initial IDF charge explosion, followed by (often much larger) secondary explosions from the bombs and weapons that were stored in the targeted facilities. Here's one from a terror mosque that was targeted today:


And this one was from an attack at an underground rocket storage facility:


The problem is that it appears that international law would prohibit Israel from targeting these clearly military objectives - because while Israel believes that they house explosives, and the IAF can calibrate their bombing to the minimum amount possible, there is no way to know how large the secondary explosions will be. And the secondary explosions often kill more people than the primary explosions, judging from the relative sizes of the explosions in the video.

Under international law, Israel must be careful when targeting facilities in civilian areas. Geneva Protocol 1 par. 48 states:
In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.
Paragraph 51 includes details of what is not allowed:
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are: (a) those which are not directed at a specific military objective; (b) those which employ a method or means of combat which cannot be directed at a specific military objective; or (c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol;

and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be considered as indiscriminate: (a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects;

and

(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.
So while the legality of a military target illegally placed in a civilian area is proportional to its importance, its legality as a target seems to be inversely proportional to the size of a resultant secondary explosion affecting the neighboring civilians. And there is no way to know how large the secondary explosion will be, so there is no way to know ahead of time whether a target is going to blow up the entire neighborhood.

Israel is trying to do everything possible to minimize this problem - sending text messages to residents before a bombing raid so they can get out of the way, and now using sound bombs to startle them into leaving. While this is laudable (perhaps to the point of being foolhardy) there will still be some civilian casualties that "impartial" jurists could interpret as being the result of illegal actions under para 51.4(c) - effects that cannot be limited, because of terrorist action.

As we have seen before, international law needs to catch up to the age of terrorism. The blame for casualties caused by secondary explosions in mosques and private homes used as weapons caches must go squarely to the terrorists who placed them there (endangering residents even when not at war.)

UPDATE: Commenter Amy points to an excellent treatment of fighting terrorists in Gaza and international law. My point is not that Israel is in clear violation, but that Geneva can be interpreted against Israeli actions, which would give terrorists an advantage.

EoZ Book:"Protocols: Exposing Modern Antisemitism"

Printfriendly

EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz

comments

Speaking

translate

E-Book

For $18 donation








Sample Text

EoZ's Most Popular Posts in recent years

Hasbys!

Elder of Ziyon - حـكـيـم صـهـيـون



This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 14 years and 30,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.

Donate!

Donate to fight for Israel!

Monthly subscription:
Payment options


One time donation:

subscribe via email

Follow EoZ on Twitter!

Interesting Blogs

Categories

#PayForSlay Abbas liar Academic fraud administrivia al-Qaeda algeria Alice Walker American Jews AmericanZionism Amnesty Amnesty 2022 analysis anti-semitism anti-Zionism antisemitism apartheid Arab antisemitism arab refugees Arafat archaeology Ari Fuld art Ashrawi ASHREI B'tselem bahrain Balfour bbc BDS BDSFail Bedouin Beitunia beoz Bernie Sanders Biden history Birthright book review Brant Rosen breaking the silence CAIR Campus antisemitism Cardozo cartoon of the day CEDAW Chakindas Chanukah Christians circumcision CJ Werleman Clark Kent coexistence Comix Community Standards conspiracy theories COVID-19 Cyprus Daled Amos Daphne Anson David Applebaum David Miller Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Ellen Horowitz Embassy EoZ Trump symposium eoz-symposium EoZNews eoztv Erekat Erekat lung transplant EU Euro-Mid Observer European antisemitism Facebook Facebook jail Fake Civilians 2014 Fake Civilians 2019 Farrakhan Fatah featured Features Fervent Embrace fisking flood libel flotilla Forensic Architecture Forest Rain Forward free gaza freedom of press palestinian style future martyr Garlasco Gary Spedding gaza Gaza Platform George Galloway George Soros German Jewry Ghassan Daghlas gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian guest post gunness Haaretz Hadassah hamas Hamas war crimes Hananya Naftali hasbara Hasby 2014 Hasby 2016 Hasby 2018 hate speech Hebron helen thomas hezbollah history Hizballah Holocaust Holocaust denial honor killing HRW hum Human Rights Humanitarian crisis humor Hypocrisy ICRC IDF IfNotNow IJ Benjamin Ilan Pappe Ilhan Omar impossible peace incitement indigenous Indonesia infographic international law interview intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya James Zogby jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter Joe Biden John Kerry jokes jonathan cook Jordan Joseph Massad Juan Cole Judaism Judea-Samaria Judean Rose Judith Butler Kairos Karl Vick Keith Ellison ken roth khalid amayreh Khaybar Know How to Answer Lebanon leftists Linda Sarsour Linkdump lumish mahmoud zahar Mairav Zonszein Malaysia Marc Lamont Hill Marjorie Taylor Greene Masafer Yatta max blumenthal Mazen Adi McGraw-Hill media bias Methodist Michael Lynk Michael Ross Miftah Missionaries moderate Islam Mohammed Assaf Mondoweiss moonbats Morocco Mudar Zahran music Muslim Brotherhood Naftali Bennett Nakba Nan Greer Nasser al-Lahham Nation of Islam Natural gas Nazi Netanyahu News nftp NGO Nick Cannon NIF Noah Phillips norpac NSU Matrix NYT Occupation offbeat olive oil Omar Barghouti Omri Boehm Only in Israel Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peace Now Peter Beinart Petra MB philosophy poetry Poland poll Poster Preoccupied Prisoners propaganda Proud to be Zionist Puar Purim purimshpiel Putin Qaradawi Qassam calendar Quora Rafah Ray Hanania real liberals RealJerusalemStreets reference Reuters Richard Falk Richard Landes Richard Silverstein Right of return Rivkah Lambert Adler Robert Werdine rogel alpher roger cohen roger waters Rutgers Saeb Erekat Sarah Schulman Saudi Arabia saudi vice self-death self-death palestinians Seth Rogen settlements sex crimes SFSU shechita sheikh tamimi Shelly Yachimovich Shireen Abu Akleh Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Sovereignty Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman Tlaib TOI Tomer Ilan Trump Trump Lame Duck Test Tunisia Turkey UAE Accord UCI UK UN UNDP unesco unhrc UNICEF United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA unwra vaccination Varda Vic Rosenthal Washington wikileaks Winstanley work accident X-washing Y. Ben-David Yamit Yemen YMikarov zahran Ziesel zionist attack zoo Zionophobia Ziophobia Zvi

Best posts of the past 6 months

 


A new, better definition of antisemitism


Blog Archive