Israel, ‘Palestine,’ And The Law Of War (Second of Two Parts)

Historically, viewed against the background of extensive and unapologetic terrorist perfidy in both Gaza and Lebanon, Israel has been innocent of any alleged disproportionality. All combatants, including all insurgents in Gaza and Lebanon, are bound to comply with the law of war of international law.

This firm requirement derives not only from what is known as the “Martens Clause,” a paragraph that makes its first appearance in the Preamble to the 1899 Hague Convention No. II on land warfare, but additionally from Article 3, common to the four Geneva Conventions of August 12,1949. It is also found in the two Protocols to these Conventions.

In world politics, reason is often trumped by passion. It has always been easy to condemn Israel with rhythmic chants of “disproportionality.” Yet, competent legal scholars, if honest about their jurisprudential obligations, will acknowledge the illegitimacy of such contrived charges.

Until now, any seemingly disproportionate uses of force by Israel have actually been the permissible outcome of antecedent and perfidious crimes committed by its enemies....

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