Comment by nahumfarchi
Comment by nahumfarchi 2 days ago
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.
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.