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bigtree

(94,690 posts)
20. why do you consider this to be directed toward DUers?
Wed Jul 30, 2014, 12:18 PM
Jul 2014

. . . and claiming that this is 'absolving Hamas of any responsibility' isn't
accurate and a cop-out - a deflection.

I think most people could understand a defensive attack in a civilian or residential area if there was some target's risk to Israel which outweighed the risk to civilians.

However, this level of carnage can't be justified as a legitimate defense. There is no risk to Israel from the Palestinian civilians caught in the way of their bombs; no more than the civilians caught underneath the bombs lobbed at Israel pose any risk to Hamas or Palestinians.

Nor can the indiscriminate bombings be justified by declaring that one side or the other initiated the conflict.

As the International Red Cross states: The protection of civilians during armed conflict is a cornerstone of international humanitarian law.

Protocol 1
Additional to the Geneva Conventions, 1977

http://deoxy.org/wc/wc-proto.htm

PART IV: CIVILIAN POPULATION
Section 1: General Protection Against Effects of Hostilities

Article 51: Protection of the Civilian Population

1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

a. those which are not directed at a specific military objective;

b. those which employ a method or means of combat which cannot be directed at a specific military objective; or

c. those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be considered as indiscriminate:

a. an attack by bombardment by any methods or means which treats as
a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and

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.

6. Attacks against the civilian population or civilians by way of reprisals are prohibited.

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, favor 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.

8. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57. (http://deoxy.org/wc/wc-proto.htm#a57 )

Article 57: Precautions in Attack

1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

2. With respect to attacks, the following precautions shall be taken:

a. those who plan or decide upon an attack shall:

i. do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them;

ii. take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects;

iii. refrain from deciding to launch any 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;

b. an attack shall be canceled or suspended if it becomes apparent that the objective is not a military one or is subject to special protection or that the attack 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;

c. effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not pemmit.

3. When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that the attack on which may be expected to cause the least danger to civilian lives and to civilian objects.

4. In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conformity with its rights and duties under the rules of international law applicable in armed conflict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects

5. No provision of this article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects.

full list of provisions: http://deoxy.org/wc/wc-proto.htm

Recommendations

0 members have recommended this reply (displayed in chronological order):

K&R.... daleanime Jul 2014 #1
This message was self-deleted by its author nadinbrzezinski Jul 2014 #2
proof? bigtree Jul 2014 #3
This message was self-deleted by its author nadinbrzezinski Jul 2014 #4
those weren't the schools where casualties occurred from Israeli bombing bigtree Jul 2014 #6
This message was self-deleted by its author nadinbrzezinski Jul 2014 #7
What about the rockets that are destrying Gaza? U4ikLefty Jul 2014 #5
This message was self-deleted by its author nadinbrzezinski Jul 2014 #8
K&R ReRe Jul 2014 #9
No Doubt... So Very Lopsided... ChiciB1 Jul 2014 #10
K&R! The Neo-Con war mongers are still hoping to spark that greater Middle East war. Enthusiast Jul 2014 #11
kick bigtree Jul 2014 #12
It's a disgrace Bettie Jul 2014 #13
It's not "one size fits all." Igel Jul 2014 #14
I don't see fine lines here bigtree Jul 2014 #16
Well I would also include the ones who financed it, you know, the USA CBGLuthier Jul 2014 #15
absolutely bigtree Jul 2014 #17
Are there really DUers blaming the civilians? onenote Jul 2014 #18
why do you consider this to be directed toward DUers? bigtree Jul 2014 #20
I asked a question. I guess you've answered it. onenote Jul 2014 #21
thank you for the opportunity bigtree Jul 2014 #25
Hamas is responsible for Hamas Scootaloo Jul 2014 #28
Just imagine ... LannyDeVaney Jul 2014 #19
Or imagine... oberliner Jul 2014 #22
Both, well-condemned from the left Scootaloo Jul 2014 #27
or if *Russia* did MisterP Jul 2014 #29
Its hard for me to believe history will judge this as more than ongoing skirmish in an endless war aikoaiko Jul 2014 #23
K& R !!!!! Pisces Jul 2014 #24
If you believe Israel's word that they aren't targeting civilians PAProgressive28 Jul 2014 #26
. bigtree Jul 2014 #30
Latest Discussions»General Discussion»NO ONE is responsible for...»Reply #20