Thursday, July 20, 2006
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Is Israel waging a just war?
Stephen Bainbridge says no in Tech Central Station: Israel clearly is targeting not just Hezbollah, but also Lebanon's official military, and, most important for our purposes, Lebanon's basic civilian infrastructure. The Beirut airport has been closed by Israeli attacks. Bridges, ports, roads, and power stations are all being targeted. As this column was being written, more than 100 civilian fatalities -- including some citizens of neutral countries, most notably Canada -- already had been reported. More surely will have occurred before this column is published.In The New Republic, Michael Walzer takes a more ambiguous position: The easy part of the answer is to say what cannot rightly be done. There cannot be any direct attacks on civilian targets (even if the enemy doesn't believe in the existence of civilians), and this principle is a major constraint also on attacks on the economic infrastructure. Writing about the first Iraq war, in 1991, I argued that the U.S. decision to attack "communication and transportation systems, electric power grids, government buildings of every sort, water pumping stations and purification plants" was wrong. "Selected infrastructural targets are easy enough to justify: bridges over which supplies are carried to the army in the field provide an obvious example. But power and water ... are very much like food: they are necessary to the survival and everyday activity of soldiers, but they are equally necessary to everyone else. An attack here is an attack on civilian society. ... [I]t is the military effects, if any, that are 'collateral.'" That was and is a general argument; it clearly applies to the Israeli attacks on power stations in Gaza and Lebanon.My take -- the longer the air campaign proceeds, the less just it will become. This is simply the law of diminishing marginal returns. Over time, Israel will exhaust the set of "high-quality" targets for Hezbollah and start bombing more marginal targets. Since these target will likely generate a constant degree of collateral damage in civilian deaths, each successive bombing run looks more and more like "direct attacks on civilian targets." [Er... what about Hezbollah and Hamas?--ed. It would be exceptionally difficult to argue that their tactics are consistent with jus in bello. This Chris Bertram post tries to make a go of it, but given Hamas and Hezbollah's targeting strategies, I don't think it works.] UPDATE: In the comments, Bertram correctly points out that his post was not trying to justify Hezbollah and Hamas actions. Indeed, this was a poorly worded sentence on my part. Rather, Bertram's post summarizes an argument for how to apply just war ethics to asymmetric conflicts, in which additional jus ad bello constraints are placed on the stronger side. I still don't think the argument is persuasive, however, since it basically rewards a group like Hezbollah for pursuing an asymmetric strategy. posted by Dan on 07.20.06 at 12:02 AMComments: I'm not sure I agree with Dan that Israeli bombing later in this campaign will be worse than the bombing earlier. Targets hit in the first few days of the campaign still seem to be to have been selected pursuant to an Israeli theory that holding Lebanon accountable for the actions of its nationals operating from its territory was the quickest way to get the Lebanese government and all the Lebanese that are not Hezbollah followers to disarm Hezbollah. The tactics founded on that theory can be changed, and I think it likely they will be as it becomes obvious even to Israeli naval and air force commanders that the theory is wrong. It is a matter of practicality, not morality; indeed, the Israeli's mistaken idea about inducing Lebanon to live up to its responsibilities represents the same kind of academic reasoning-from-what-should-be as Bainbridge's anguishing about how just war theory applies to the Israeli air campaign. posted by: Zathras on 07.20.06 at 12:02 AM [permalink]"It's like an appointment with a dietician. The Palestinians will get a lot thinner, but they won't die." -- Dov Weisglass, an adviser to the Israeli prime minister. Israel is targeting civilian infrastructure ranging from power plants to food terminals. There is utterly no way this kind of behavior, and more to the point, the despicable motives behind it as exemplified by Weisglass, can be considered a component of a just war. posted by: gl lg on 07.20.06 at 12:02 AM [permalink]War is hell but Israel has been harming its own strategic advantages as it has been dropping flyers warning civilians to leave the area, thus giving Hizbollah warning of imminannt attacks. Israel is in so-called civilian areas for the sole reason that Hizbollah, a militant terrorist organization that target civilians, hides in these civilian areas. The airport was not a solely civilian target as it serves as a supply point for Hizbollah where they receive arms from Syria and, especially, Iran. Even the Human Rights Watch organization has noted that Hizbollah is intentionally targeting civilians which is a violation of international law. Hizbollah shot rockets into civilian areas in Israel and kidnapped Israeli soldiers, which is caussus belli. Israel is showing a tremendous amount of restaint in a war that it did not start. Remember, Israel withdrew to the internationally recognized border (certified by the UN) and Hizbollah has been in violation of legally binding UN resolutions. Yet, as soon as Israel came in, Hizbollah moved into southern Lebanon and the Israeli border. I remember standing in northern Israel and WITHOUT BINOCULORS could see Hizbollah flags on Lebanese apartment buildings. Hizbollah is a member of the Lebanese government and the Lebanese government has not brought their military force into Southern Lebanon to replace Hizbollah. posted by: amechad on 07.20.06 at 12:02 AM [permalink]War is hell but Israel has been harming its own strategic advantages as it has been dropping flyers warning civilians to leave the area, thus giving Hizbollah warning of imminannt attacks. Israel is in so-called civilian areas for the sole reason that Hizbollah, a militant terrorist organization that target civilians, hides in these civilian areas. The airport was not a solely civilian target as it serves as a supply point for Hizbollah where they receive arms from Syria and, especially, Iran. Even the Human Rights Watch organization (http://hrw.org/) has noted that Hizbollah is intentionally targeting civilians which is a violation of international law. Hizbollah shot rockets into civilian areas in Israel and kidnapped Israeli soldiers, which is caussus belli. Israel is showing a tremendous amount of restaint in a war that it did not start. Remember, Israel withdrew to the internationally recognized border (certified by the UN) and Hizbollah has been in violation of legally binding UN resolutions. Yet, as soon as Israel came in, Hizbollah moved into southern Lebanon and the Israeli border. I remember standing in northern Israel and WITHOUT BINOCULORS could see Hizbollah flags on Lebanese apartment buildings. Hizbollah is a member of the Lebanese government and the Lebanese government has not brought their military force into Southern Lebanon to replace Hizbollah. posted by: amechad on 07.20.06 at 12:02 AM [permalink]Dan, Your characterization of my post isn't accurate. First, I should say that the bulk of the post is a report of a paper by David Rodin, which addresses the general question of asymmetric warfare (rather than the current situation). Second, Rodin's position is emphatically NOT that the jus in bello constraints be relaxed to permit groups like Hezbollah to act as they do. Rather, he proposes that the asymmetry between their position as irregulars and conventional armies be addressed by holding conventional armies to stricter constraints (higher standards of care concerning possible civilian casualities). Nowhere in the post do I argue that Hezbollah and Hamas tactic are consistent with jus in bello, and I don't see how you could have read the post as saying that. posted by: Chris Bertram on 07.20.06 at 12:02 AM [permalink]It is just stupid to discuss the idea of "just war". Leaving out my views on Israel specifically, "just war" theory itself is a joke. This stupid theory is just a way for dominent powers to rationalize their attacking poor and weak countries. They need to moralize their madness so they call it "just war". But no war is just and anyone who argues otherwise is justifying murder. Bin Laden is as just as Bush. They are both fighting their own phantoms and killing thousands (in Bush's case, hundreds of thousands) in the process. I don't care what theory they use to rationalization and try justify their barbaric behavior, it doesn't matter, it is insane. posted by: joe m. on 07.20.06 at 12:02 AM [permalink]But no war is just and anyone who argues otherwise is justifying murder. But some war is just, and not all killing is murder. Speaking abstractly for the moment and not referring to any side in the Middle East, self-defense is justified. Killing your attacker in self-defense is justified if there's no other way to defend yourself. Fighting a war in self-defense is just. ---- Rather, he proposes that the asymmetry between their position as irregulars and conventional armies be addressed by holding conventional armies to stricter constraints (higher standards of care concerning possible civilian casualities). I've only read Chris's summary of Rodin's piece on CT -- not Rodin's piece itself -- but on the face of it, that doesn't make any sense. Jus in bello doctrine holds both sides to the same standard. The fact that some "irregulars" fail to live up to that standard surely can't be a reason to hold the conventional army fighting them to an even higher standard. I'm not sure I agree with Dan that Israeli bombing later in this campaign will be worse than the bombing earlier. Targets hit in the first few days of the campaign still seem to be to have been selected pursuant to an Israeli theory that holding Lebanon accountable for the actions of its nationals operating from its territory was the quickest way to get the Lebanese government and all the Lebanese that are not Hezbollah followers to disarm Hezbollah. I seriously doubt that was the idea. The Israelis have to be aware of the relative strengths of Hizbullah and the Lebanese military- the lebanese aren't going to disarm Hizbullah by force because they can't. If they tried, Hizbullah would win the fight and Lebanon would be back in a civil war. The Israelis have to be aware of this- they fought Hizbullah for years without winning, and the Lebanese military isn't anywhere near the Israeli military's level. Now, destroying certain kinds of infrastructure that Hizbullah can use makes sense, and IMO is justifiable, even if parties other than Hizbullah make use of it. It's dual-use infrastructure, if you'll excuse the term- useful to both civilians and combatants- and Israel's need to cut Hizbullah off from resupply and reinforcement is legitimate. posted by: rosignol on 07.20.06 at 12:02 AM [permalink]Hezbollah's kidnapping of 2 Israeli soldiers is definitely not a war crime. Its indiscriminate use of rockets that attack civilian areas probably is a war crime. On the other hand, Israel has much better targeting ability than Hezbollah and I agree that they're skating pretty close to the war crime area in some of their targets. The airport attack justification is clearly totally bogus. FOr one, most reports suggest that weapons come in via land from Syria. For another, Israel can most definitely implement an air blockade if that is the concern. Heres some irony for you. Turkey lost 15 policemen and soldiers in an attack by Kurdish guerillas. They want to attack North Iraq Kurdish bases and the US is asking them to stop. Where are all the commentators saying that Turkey has the full right to attack North iraq ? Or even bomb Baghdad airport ? posted by: erg on 07.20.06 at 12:02 AM [permalink]but on the face of it, that doesn't make any sense. You might not agree with it, but it surely makes _sense_ . Rodin is proposing a revision of jus in bello, so it can't be an objection to his view _merely to state_ that jus in bello as it currently stands places symmetrical requirements on "sides". He addresses the thought that requirement must be reciprocal, and rejects it. posted by: Chris Bertram on 07.20.06 at 12:02 AM [permalink]Wow, if anyone ever sees joe m. about to get murdered, I guess you better not intervene, since it isn't justifiable... Anyway, I get the feeling that most people won't ever feel Israel has the right to do anything at all. Perhaps after one of the countries in the region drops a nuke on Israel, maybe then they would be "just" in dropping a few bombs themselves. As long as they don't kill any civilians, of course. posted by: Justin on 07.20.06 at 12:02 AM [permalink]There's nothing new here. Israel is consistently held to a higher standard. For disinterested parties to think that they have the right to dictate to Israel how it is permitted to defend itself is ridiculous arrogance. I don't have a dog in this fight. But it is beyond my understanding how any fair minded person can fail to see who is the aggressor here. What's unusual is that the weaker side is the aggressor. Israel's very existence is contingent on Arab ineptitude. If they had the power to destroy Israel they would do so. And there wouldn't be any discussion, nor any recriminations about it. posted by: D. Wakefield on 07.20.06 at 12:02 AM [permalink]I'm so tired of people's hollow moralism when they act as if war can be avoided. As if Israel and the United States are so barbaric and their reasons for going to war is always invented. This post-modern kind of thinking: (wars must always be just, never hit civilians (instead of "aim at civilians), don't ever hurt a country's infrastructure, do pin-prick strikes and go to the bargaining table, depend on the UN, and "treat assymetrical terrorists and the states that harbor them as you would have them treat you" is absurd. As an African (Congolese) who has seen evil close up and who understands that there are people who want to destroy civilization just out of racist, prejudice, delusional ideas-- I cannot believe how many geo-political problems in the West are created by this "kindler, gentler warfare" that you try to practice. In the end, it actually makes things far worse. It allows, for instance, China and Russia (and much of Western Europe) to never take responsibility and to actually profit from the chaos-makers while back-stabbing (and being utterly dependent) on the United States. All countries (other than the USA and Israel) are allowed to operate with this hollow moralism. But of course Israel and the USA, which are the only countries well-equipped to deal with the Islamic Fascist threat, are held to incredibly high standards. I think that Bush has erred by trying to make the Iraq invasion (kindler and gentler) promising to rebuild the country and ushering in Democracy. All these things that further put the burden on the THREATENED country and not on the people where the threat originated. It seems "civil" the way that these Western countries view war, but in the end, you are just ensuring that this war against assymetrical terrorists, failed states that harbor terrorists, and the spread of islamic fascism will continue for a long time. The gloves never really come off and the day of reckoning never arrives for many of these failed-states. The West will pay the price for this, and ultimately the people in those failed-states will as well. Sorry, explaining myself in English is not so easy, but I hope it can be seen that I admire the West but think its naivete about human nature makes its international relations problems much bigger in the end. The USA especially, is deeply unappreciated for all that it does for so much of the world. And the world is currently taking advantage of this in a big way. posted by: Obimpe on 07.20.06 at 12:02 AM [permalink]There is no way that the Isreali response to a kidnapping of two of its soldiers relates in any way to Cathoic doctrine on what constitutes a just war. There's no getting past the problem of proportionate response. But reading this (pardon the source -- I'm in a hurry) may help put this all in perspective. Contra Joe M., Catholic doctrine has rarely been supportive of any of the US wars (including, remember, Iraq, WWI, the Civil War). If one wants to debate the justice of a specific war, and one regards waging unilateral War as being legitimate, don't bother with the Catholics. They will not be supporting you. Isn't Walzer pretty much always ambiguous? Great buildups, no payoff. posted by: zarathustra on 07.20.06 at 12:02 AM [permalink]Thank you, Obimpe. That someone besides me sees and understands what is going on is cause for hope. posted by: rosignol on 07.20.06 at 12:02 AM [permalink]Obimpe, well said. Thanks for the post. posted by: Rick Latshaw on 07.20.06 at 12:02 AM [permalink]diminishing marginal returns. Dont always apply. If youre building a railroad from new york to Chicago, the last mile doesnt have a lower return than the first mile, it has a far HIGHER incremental return. Alternatively, pulling off a bandage is best done all at once, as fast as possible. The paucity of good targets at the end of the campaign will have to be balanced against the major loss in benefits from allowing Hezbollah the critical mass with which to recover. How many civilian deaths out weigh the kidnapping of two soldiers...we are at 600 and counting? How about 6000 or 60,000? How will the outcomes of this endeavor be better than they were in 1982? posted by: centrist on 07.20.06 at 12:02 AM [permalink]I think you are confusing the questions of whether the war is just and whether Israel is fighting it justly. The quote you have from Prof. Bainbridge does not, contrary to your headline, say that the war is unjust; it only questions Israel's methods. posted by: steve on 07.20.06 at 12:02 AM [permalink]What preposterous nonsense. The notion of proportionality does NOT refer to applying equal means to equal means, but rather to matching ends. Clearly the ends sought by Israel ARE proportional. The stated goal of Hezbollah is the total destruction of Israel, this is an unlimited political aim. The stated goal of the Israeli assault is to degrade Hezbollah’s capability to conduct military operations against Israel, a limited goal. By just war standards, it is Hezbollah that is acting disproportionately. We can’t just invent facts. If infrastructure is used by the enemy, it is a legitimate object of war. That’s codified in the Geneva Conventions and the long-standing rules and customs of war back to even ancient times. Dan, you are simply making up standards as you go along. If Lebanon wants to protect infrastructure, the Geneva Conventions provide a way: declare open cities. But to know about open cities, you’d probably have to actually READ the conventions, something liberals and leftists seem to strenuously avoid. Obimpe is entirely correct about double standards. Guerilla warfare was called ‘protracted warfare’ by Mao. This method of war always seeks to extend a conflict so as to produce the highest expenditure of resources and lives. Hezbollah are the world’s greatest experts in protracted war. They know that by extending a conflict and producing the highest numbers of civilian casualties, they can usually attain their political goals. Why? Because the surrender-monkeys of the West will blame all the bloodshed on the Western power, and tacitly excuse the perfidious guerilla. Balderdash. Most Hezbollah fighters operate out of uniform; they hide amongst civilian populations; they impersonate civilians, UN personnel, and medical personnel; they do not follow the rules and customs of war; they intentionally target civilians; they intentionally target medical personnel; they routinely execute POWs. Damage to infrastructure and the unintentional death of civilians are the result of Hezbollah perfidy; hence, the blame and responsibility ought to lie with them as well. Ooops, I erred in my post above. Where I wrote 'Dan,' I should have written 'Stephen.' My criticisms were of Bainbridge's article. Apologies. Well put, Jeff. posted by: Justin on 07.20.06 at 12:02 AM [permalink]how about, rather then talk about whether the fighting qualifies as some abstract notion like a "just war", why don't you discuss whether it qualifies as concrete ones like "war crimes" or "crimes against humanity". It seems, the UN's top human rights official thinks it is a war crime. UN High Commissioner for Human Rights Louise Arbour : "Similarly, the bombardment of sites with alleged military significance, but resulting invariably in the killing of innocent civilians, is unjustifiable." In which case not only are Bush and Blair war criminals, but so are all the heads of state who supported the war in afghanistan, the first (UN approved) war in Iraq, the Kosovo war, and most certainly all the allied heads of state from World war 2. Including the men and women who wrote the UN charter. Her assertion is an absurdity on its face. posted by: liberalhawk on 07.20.06 at 12:02 AM [permalink]In Just and Unjust Wars, discussing guerrilla wars (as the Vietnam War was fresh in memory), Walzer comes pretty near to arguing something like this. I should think that a similar argument would apply in southern Lebanon, where Hezabollah has embedded itself as very much a movement of the people. Yet it's of course also true that that no state can be expected to sustain rockets hitting its people and do nothing in response. Yet again, why should any people aspiring to independence suffer the frustration of their hopes and the heaping upon them of one injustice and indignity after another that Israel has visited upon the Palestinians? Yet again.... posted by: Rereader on 07.20.06 at 12:02 AM [permalink]I should have noted also that it's a central theme of Just and Unjust Wars that the right of the innocent emanates, so to speak, from them, not any external source. Hence it and its correlative duties apply with equal stringency to both sides in a conflict--regardless of the justice of their cause, perhaps also regardless of whether they happen to have an alternative (to taking innocent life) available to them. posted by: Rereader on 07.20.06 at 12:02 AM [permalink]It may be worth reading Michael Oren's piece in the New Republic from a few days ago -- http://www.tnr.com/doc.mhtml?i=w060717&s=oren071706 posted by: amechad on 07.20.06 at 12:02 AM [permalink]To bad Arabs ain't embryos. Gruesome pictures, not work friendly. I can't help thinking of Tom Schelling. One of his thought experiments has to do with two negotiators. The first goes in, "I'm a reasonable guy. I really want to come to a mutually beneficial agreement, yada, yada, yada." This may make for a quick, successful session if the other guy decides to act the same way. But he may not. He may think, "This guy really wants an agreement. He will be willing to give up an awful lot. Besides, being a reasonable person, he knows that he stands to gain something even from a very one-sided agreement and he will be willing to take it." That gives negotiator 2 a lot of power. Negotiator number 1 is screwed. Unless... The next negotiating session, he says, "I thought we made progress last time but when I took our discussions back to my boss, he went ballistic. He is such an unreasonable asshole. He said he wants this; he said he wants that. He said no deal is better than a bad deal and what I came back with was terrible. I'm sorry, my hands are tied." Suddenly, negotiator 1 has a lot more power. I wonder if Israel's "disproportionate" reaction here is a way of saying, "We're not reasonable people looking for an agreement anymore. We're assholes. Deal with it." posted by: Roger Sweeny on 07.20.06 at 12:02 AM [permalink]Joe M., for forty years, Palestinian and Lebanese guerilla forces have Moreover, in the laws of war, there is NO SUCH THING as "civilian The Geneva Conventions actually specify "civilian objects" which have a 2. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. Hezbollah uses the electric infrastructure to power their missile systems, UN High Commissioner for Human Rights Louise Arbour errs when she makes claims about Israeli war crimes. Her error is twofold. First, Ms. Arbor misunderstands the law. Read the GC for yourself. [quote] Second, Ms. Arbor errs by not applying the law equally. The UN has never, ever called for war crimes prosecution of Hezbollah or the ruling powers of the Palestinians for INTENTIONALLY targeting civilians for forty years! This clearly shows the anti-Israel bias in the UN and the “humanitarian community” in general. The Left doesn’t recognize the great risk in their selective outrage. If humanitarian law only serves to disadvantage Western powers, you can be sure that humanitarian law will not long survive in the West. If the Geneva Conventions constrain Western powers only, they will not long survive in the West. The Left is playing a dangerous game that will have undesirable, long-term consequences. Neither humanitarian law nor the laws of land warfare make perfidious, guerilla fighters invulnerable to attack by conventional forces. Ms. Arbor is indulging in pure nonsense, a habit of senior UN personnel. Here is a well-written piece on the application of just war doctrine by a Catholic priest posted approvingly at a Protestant minister's website: http://www.donaldsensing.com/index.php/2006/07/20/fighting-the-wolves-at-the-gate/ posted by: PD Shaw on 07.20.06 at 12:02 AM [permalink]The more this War on Terror/War on Islamic Fundamentalism/Whatever you want to call it goes on, the more clear it becomes that the Left is utterly immoral and insane. Debating Israel's Right to bomb an airport, or weapons that a terrorist organization chooses to hide in civilian areas, or whether Western, rich militaries should be held to a higher standard (why? to make the fight more fair? To introduce a handicap, like a horserace? Because a society led my Hizbollah is better than one led by a Western democracy?), to point out Israels mistaken killing of 100 (100! One bomb in Iraq kills more than 100 people) civilians while ignoring terrorist intentional (intentional! Not accidental, or unfortunate, but INTENTIIONAL) targetting of civilians with rockets, is not hurting Israel, its not hurting the West, its not hurting the US. Its hurting the Left. The Left has devolved to the muttering lunatic in the corner-be polite, but slowly back away, try not to say anything to set him off, and get real work done elsewhere. All my life, I haven't understood how Hitler could have happened. Now I do. Steve posted by: Steve on 07.20.06 at 12:02 AM [permalink]"I still don't think the argument is persuasive, however, since it basically rewards a group like Hezbollah for pursuing an asymmetric strategy." Whereas the status quo rewards Israel for being richer and better-armed so that they are able to be more specific in their targeting. Realistically, if Israel's technology was knocked back by 50 years, their targeting wouldn't be any better than Hezbollah. Would they then have the same moral standing? posted by: Jon H on 07.20.06 at 12:02 AM [permalink]Eek! Eek! The Left! The Left! Who exactly is The Left in this context? To what extent is it American as opposed to European? With respect to the Middle East, does it bear any relation to the former protracted sponsorship of the Palestinian cause (though not of Hezbollah) by the Soviet Union? Does it include prominent commentators long skeptical of American support of Israel, like Robert Novak and Patrick Buchanan (I have to say this seems unlikely to me)? What relation does it bear to the historic self-identification of most of Israel's strongest American supporters as liberal Democrats? Is membership in The Left automatic for anyone who has a low opinion of George Bush? Of Ehud Ohlmert? Why? I have no objection to using The Left as a descriptive phrase, but we ought to have some idea what it means. I would hate to think that people are only using it as a means of negative self-identification, a shorthand phrase for the kind of people they are not like. posted by: Zathras on 07.20.06 at 12:02 AM [permalink]Steve -- I have two words for you. Neville Chamberlain. And too more. Lord Halifax. The most right wing British PM of the 20th century, and his loyal Foreign Secretary. The British fight against Hitler came from moderate Tories and Labour members chucking out Chamberlain and his retinue of defeatists and Nazi sympathizers and working to get the job done under Churchill. Churchill needed Labour votes to get to Number 10 -- or else we might have been stuck with Halifax. If many conservatives share your idea that the left gave us Hitler, we really are doomed to repeat the exercise. Besides, do you really think Israel's manic lashing out is going to achieve its desired effect? The Israeli attack is completely indiscriminate. They've even bombed Jounieh -- i.e. their own Phalange Maronite allies. As of last week, ex-allies. No -- Israel tried this in 1968, and 1978, and 1982, and throughout the 1990s, and all it has done is breed round after round of ever crazier fundamentalist Islamists. Each step of the way Israel loses allies in Lebanon, and now they've just bombed out their last batch of allies. Given all the history of conflict between Islam and the Catholic church going back to the Moors, Israel has done the unthinkable -- drive a conservative Catholic religious party into vowing not to take up arms against the Islamists. how about, rather then talk about whether the fighting qualifies as some abstract notion like a "just war", why don't you discuss whether it qualifies as concrete ones like "war crimes" or "crimes against humanity". It seems, the UN's top human rights official thinks it is a war crime. Well, then, the UN's top human rights official clearly hasn't read the Geneva Conventions. First Protocol, Art. 51, P 7. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations. First Protocol, Art. 51, P 5. Among others, the following types of attacks are to be considered as indiscriminate: (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've added some emphasis above. In other words, attacks that cause incidental loss of civilian life (or property) are NOT a violation of anything, unless their harm is disproportionate to their military benefit. I don't think Louise Arbor is especially qualified to assess the military benefit of these tactics, do you? posted by: David Nieporent on 07.20.06 at 12:02 AM [permalink]I agree that Israel's war is most certainly just. But the most important to consider in prolonging it is the diminishing chance of a lasting peace. Why, knowing full well what the consequences would be, did Hezbollah kidnap two soldiers, starting a war they know they cannot win? It is because peace (toward which progress was tentatively being made) robs them of their power, influence and very reason for being. The same goes for Hamas, with the added benefit for them being that intensifying conflict allows them to cover up what a shoddy government they are. With great conflict these groups can feed on the fears and prejudices in the hearts of both the peoples of Lebanon and Palestine as well as the Israelis. It makes them strong. The longer the war goes on, the more people die, the stronger they become. I agree that even debating the legitimacy of Israel's tactics is grotesque in this situation. We are told over and over again that the population of S. Lebanon just loves Hezbollah and wants to destroy Israel. The attacks only strengthen their resolve, etc. They allow Hezbollah to hide amongst them, to put its missiles in their basements, not because they are being terrorized by the Party of God but because they are sympathetic or are being paid. So why in the world do we accept that any of these people and their houses aren't legitimate military targets? Of the "civilian" casualties reported, how many are not Hezbollah members? How would you tell, since the enemy does not wear uniforms? The funny thing is that the Israelis are bending so far over backward in their targeting policy (compared to even the US) that it must be hindering their military effecitveness. They leaflet areas in advance, giving the enemy all the warning it needs. When they hit the power plants, they hit the fuel tanks but not the generators. When they hit the airport, they leave the control towers and terminals and radars intact. The total casualties reported by the enemy are tiny given the intensity of the Israeli effort. Of course, the Israeli restraint is for domestic and international political purposes, but it is undeniable. For outside observers to say that Israel should tie both hands behind its back instead of only one is moral perversion. posted by: srp on 07.20.06 at 12:02 AM [permalink]Zathras, the word 'Left' has a long-used, well-accepted and very specific meaning. I've noticed that lots of people, mostly American liberals, claim to be unaware of the extent of the definition of ‘left’ or ‘leftist.’ I can’t see how this is possible, but I try to take it seriously anyway. The OED reports the first political use of ‘left’ in 1837 in Carlyle’s “French Revolution.” The term developed from the habits of continental democrats and liberals, who sat on the left side of the parliamentary house. In modern times, ‘left’ has come to denote the political affiliations of socialism, anarchism, communism, social democracy, neo-liberalism, and social liberalism. Wikipedia has an unusually good explanation of the term. By American convention, we call socialists ‘progressive’ and social democrats ‘liberals.’ Hence, progressives and liberals are included in the extend of ‘left.’ The concept of just war is irrelevant and ridiculous in todays struggle against terrorism.Terrorists have no concern about human rights of any kind.How can we if we want to survive? The terrorism of recent decades has been a slow, painful education for the western world about this unpleasant reality.Concession A to bring peace leads to greater attack B which leads to carefully calibrated response C which brings another attack-and we're told it's all our fault because we didn't lick muhammeds's boots with enough fervor.Well,f*ck that.It's all leading to final act Z where the west-or maybe just the US-does what they want to do to us-total and complete warfare that will end this problem forever and all time. posted by: xennady on 07.20.06 at 12:02 AM [permalink]Dan, you say: "This is simply the law of diminishing marginal returns. Over time, Israel will exhaust the set of "high-quality" targets for Hezbollah and start bombing more marginal targets. " This may be true for an air campaign only, but could it be the case that the air campaign together with commando incursions, plus a possible ground force, might produce ongoing intelligence about further "high value" targets? After all, some of the highest value targets are the leadership bunkers buried underground. posted by: George on 07.20.06 at 12:02 AM [permalink]On May 14, 1948, modern day Israel was born. Within days, its Arab neighbors attacked the Jewish state, and Israel has technically been at war ever since. There has been no peace for Israel or the Palestinian pawns that have languished for decades because Islam refused to accept that Israel has a right to exist. how about, rather then talk about whether the fighting qualifies as some abstract notion like a "just war", why don't you discuss whether it qualifies as concrete ones like "war crimes" or "crimes against humanity". It seems, the UN's top human rights official thinks it is a war crime. Because the modern concept of a "war crime" is deeply flawed. It takes no account of the future. If it is possible to end a war now by killing 10,000 people, or to continue it at the expense of 10 million people over the next twenty years, clearly we would choose to kill 10,000 people now. And yet, that might be a war crime where killing 10 million later ould not be. The Arabs know how to win a war. You kill the enemy, or at least kill enough of them that the survivors become docile. Imagine, just for a moment, a disarmed Israel. What would happen? Massive killing. Massive. Maybe 3/4 of the Jews in Israel would die. Until, at sometime, the Jewish survivors said "ok, you win". And they would mean it, whatever the cost. And the war would be over, really over. That's how you end a war. posted by: dwshelf on 07.20.06 at 12:02 AM [permalink]Post a Comment: |
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