Comment by nahumfarchi

Comment by nahumfarchi 2 days ago

10 replies

Proportionality is at the center of defining a war crime.

"The principle of proportionality (Article 51(5) (b) API) states that even if there is a clear military target it is not possible to attack it if the expected harm to civilians, or civilian property, is excessive in relation to the expected military advantage."

https://www.diakonia.se/ihl/resources/international-humanita...

So, the case that Israel has to make here is that the expected millitary advantage from the operation exceeds the collateral damage. The fact that civilians died doesn't automatically make it a war crime from an international law point of view.

mempko 2 days ago

I don't believe those children who died care about definitions. In fact they don't care much about anything anymore since they are dead.

  • dijit 2 days ago

    Appeal to emotion is harder to take seriously when Hezbollah rockets killed 12 children this year alone.

    • beedeebeedee 2 days ago

      Appeal to not be emotional is even harder to take seriously when Hezbollah rockets killed 12 children and Israel has killed 10,000 children this year alone.

      • dijit 2 days ago

        You’ve put me in a bad position, because by telling you you’re wrong you will interpret it as if its reasonable.

        First, we’re talking about Lebanon and its population, lets not muddy the waters further by suggesting that Hamas and Gaza are part of that conflict right now. But if we did, as far as I can make out, for the entire duration of the war since 10/7 there has been a total of 7,500 children identified as being killed. Sadly that number is not backed up by any independent source and unfortunately Hamas has been known to inflate these numbers.

        Nonetheless, it is a tragedy.

        An entirely unrelated tragedy to the 12:1 child murder ratio of Hezbollah vs IDF this year, and under entirely different circumstances.

        I would prefer more interventions in Gaza to mirror this one in its precision and lack of civilian casualties.

        I’m certain that you would prefer no intervention happen at all, which is where we will have to fundamentally disagree and part ways.

    • lm28469 a day ago

      You're almost there buddy... people criticising israel here are also criticising hezbollah for war crimes... you don't have to pick a side and close your eyes on their actions

      • dijit a day ago

        They're not though.

        AOC being the most prominent example that comes to mind immediately.

  • nahumfarchi 2 days ago

    Their death is tragic, but such is war unfortunately... Lebanon is participating in this one whether they like to or not.

    That aside, these definitions were written for a reason, even if they have no appeal to the current victims.