- Dec 29, 2008
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Again, you demonstrate your ignorance of international law. You can target apartment buildings or even schools and hospitals if high enough enemy targets are present. The rule is that the value of the enemy target must be proportionate to the amount of collateral damage. So while it would not be legal to target a 12 story building to get to one Hamas accountant it would be legal to target that building or a school or a hospital if Hamas were using part of that building to plan or implement serious enough attacks on Israel, including attacks of the IDF.
While there is often room for debate about whether the principle of proportionality has justified the attack, there is no question that Hamas using civilians as human shields is a war crime every time.
The rule of proportionality requires that the anticipated incidental loss of human life and damage to civilian objects should not be excessive in relation to the concrete and direct military advantage expected from the destruction of a military objective. The balance is composed of, on the one hand, the military advantage expected from the destruction of a military objective, and on the other hand, the incidental damage caused by the military intervention, i.e., the harm to civilians and civilian property.
The limited circumstances to which the rule of proportionality applies demonstrate its specific scope. The rule applies only when a military objective (legitimate target) is the object of an attack and incidental damage is foreseeable. Moreover, the rule applies only to an attack. Not every military operation in an armed conflict constitutes an attack.
