War Crimes, War Crimes, War Crimes
JPost - Amnesty Int’l redefines ‘war crimes’ by ALAN DERSHOWITZ
This whole discussion (eg:)
If Israel is guilty of war crimes for targeting civilian infrastructure, imagine how much greater is Hizbullah’s moral responsibility for targeting civilians!
Is so ridiculous. Hezbollah doesn’t wear military uniforms. Whether or not you call them a terrorist organization, their very existence is a war crime!
So why are we getting sucked into this stupid absurd argument over Israel versus Hezbollah’s actions?
September 8th, 2006 at 2:02 am
Pschaw: we dealt with this fairly conclusively over a month ago.
Keep up at the back there.
PG
September 8th, 2006 at 2:10 am
In particular, Dershowitz minces his words here:
“Consider another example: “While the use of civilians to shield a combatant from attack is a war crime, under international humanitarian law such use does not release the opposing party from its obligations towards the protection of the civilian population.”
Well that’s certainly nice sounding. But what does it mean? What would Amnesty suggest a country do in the face of daily rocket attacks launched from civilian populations? Nothing, apparently. The clear implication of Amnesty’s arguments is that the only way Israel could have avoided committing “war crimes” would have been if it had taken only such military action that carried with it no risk to civilian shields - that is, to do absolutely nothing. “
He fails to quote the really relevant article, Art 51, para 5:
“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.“
i.e. Civilian casualties are regrettable and to avoided wherever possible, but they do not of themselves constitute a war crime.
Indeed, a target can be legitimate even if you KNOW beforehand that to attack it will cause civilian casualties and even if the EXPECTED military advantage turns out, subsequently, to be illusory.
To demonstrate a war crime, you must show that there was no EXPECTATION of a military target. The civilian lives lost are not the key. That is the whole point of a recognisable uniform - to separate yourself from your own civilians.
In this instance, however, he has at least shown the ludicrous consequences of Amnesty’s drivel.