Israel's War in Gaza: Proportionality and International Law

Proportionality in International Law

• ⚖️ Proportionality in warfare means the effects of military means and methods must not be disproportionate to the military advantage sought, according to the International Committee of the Red Cross.
• 🎯 International law addresses proportionality in two ways: the overall military response to a threat and individual military actions.
• ⚠️ If a military operation ceases to be necessary and proportionate, the right to self-defense no longer applies.

Assessing Israel's Overall Operation

• 📈 The vast majority of international law experts consulted believe Israel's actions in Gaza are not proportionate, citing differing degrees of certainty.
• 💔 Over 60,000 people have been killed, with nearly half being women and children, according to Gaza's Hamas-run Ministry of Health.
• 🚫 Restrictions on goods and aid into Gaza, including a total blockade in March, have been condemned as potentially using food as a weapon of war, a crime under international law.
• 🏗️ Up to 42% of buildings in Gaza have been destroyed, with another 37% damaged, raising questions about the proportionality of infrastructure destruction.

Individual Military Actions and Self-Defense

• 🎯 In individual military actions, the expected harm to civilians must be proportionate to the expected military advantage.
• ❓ Israel's targeting of individuals and resulting civilian casualties are a focus, with experts questioning if the number of civilian deaths can be justified by the search for individual Hamas members.
• 🛡️ Israel asserts its right to self-defense following the October 7th attacks, but the applicability and scope of this right in the context of Gaza's occupation status are contested.
• ⚖️ Some experts argue that Israel's occupation of Palestinian territories prior to October 7th means it cannot invoke self-defense against the population it maintains under occupation.

Contested Aims and Expert Opinions

• 💥 Statements from Israeli officials suggest goals beyond incapacitating Hamas, leading some experts to question if the actions are revenge or erasure rather than legitimate self-defense.
• 🔍 The IDF states it operates against terrorist organizations whenever necessary and adheres to international law, but many experts remain unconvinced about the proportionality of Israel's actions.
• ⏳ International justice often operates over long periods, and while Israel insists it adheres to international law, many experts believe its actions have been disproportionate.
• 📉 The conflict continues with Hamas still active, and Israel maintains its actions are proportionate, but expert consensus leans towards significant disproportionality.