Comments on: A Proportionate Discussion http://www.israelpolitik.org/2009/01/09/a-proportionate-discussion/ Political blog of the Consulate General of Israel in New York Thu, 19 Jan 2012 16:56:32 +0000 hourly 1 http://wordpress.org/?v= By: Peter Lorenzo http://www.israelpolitik.org/2009/01/09/a-proportionate-discussion/comment-page-1/#comment-56283 Peter Lorenzo Fri, 09 Jan 2009 21:28:25 +0000 http://www.israelpolitik.org/?p=630#comment-56283 Further to previous posts and to help focus attention on fact rather than rhetoric perhaps we should start looking at some definitions rather than vague partisan articles in the cited publication (a publication with a well defined partisan agenda). Although not wonderful they are a start so on proportionality: http://en.wikipedia.org/wiki/Proportionality_(law) - worth noting that this is from the chief prosecutor of the ICC: "A crime occurs if there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality) (Article 8(2)(b)(iv). Article 8(2)(b)(iv) criminalizes: Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated" With close to 800 civilian dead. Over 3,500 civilian injured in an infrastructure shattered by not only bombing (similar to the tactics used against Guernica) but by months of blockade, this is a population unable to cope. And collective punishment- since the Israeli PR machine seems to argue that despite Hamas operating as a functioning governing body that it uses the people as "human shields" thus allowing the targeting of the civilian population whils claiming a widening of scope for inclusion of the definition of enemy combatants - a point that should be tried in the ICC. http://en.wikipedia.org/wiki/Collective_punishment Further to previous posts and to help focus attention on fact rather than rhetoric perhaps we should start looking at some definitions rather than vague partisan articles in the cited publication (a publication with a well defined partisan agenda). Although not wonderful they are a start so on proportionality:
http://en.wikipedia.org/wiki/Proportionality_(law) – worth noting that this is from the chief prosecutor of the ICC:

“A crime occurs if there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality) (Article 8(2)(b)(iv). Article 8(2)(b)(iv) criminalizes:
Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated”

With close to 800 civilian dead. Over 3,500 civilian injured in an infrastructure shattered by not only bombing (similar to the tactics used against Guernica) but by months of blockade, this is a population unable to cope.

And collective punishment- since the Israeli PR machine seems to argue that despite Hamas operating as a functioning governing body that it uses the people as “human shields” thus allowing the targeting of the civilian population whils claiming a widening of scope for inclusion of the definition of enemy combatants – a point that should be tried in the ICC.

http://en.wikipedia.org/wiki/Collective_punishment

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