RE: Is it time for Israel to re-take Gaza?
※→ Billo_Really,
et al,
Here, you have jumped the context. You are confusing two different rules and statutes.
The law is very clear. If civilian casualties are greater than military necessity, then you cannot target civilian infrastructure. And how can their be any military necessity when you shoot missiles at a trapped population that doesn't even have the right to defend themselves?
(COMMENT)
In Posting #529 ("They have undrinkable water because you bombed their water treatment plant. Another war crime. You cannot target civilian infrastructure.") Your definitive statement was: "You cannot target civilian infrastructure." I responded with the exact Customary and IHL Rule that addresses that definitive issue. Now you've switched the definitive issues to:
• Military Necessity
• Trapped Population
• A Population in its own defense.
In the #529 response, your focus seems to have shifted away from the 2014 Operation Protective Edge, resulting in damage to the Water Processing Facility, and more to the current discussion on whether there should be an attempt to take "effective control" of the entire Gaza Strip.
First, the military necessity → in this particular case → at this particular time is (of course) the focus on whether or not current events are a significant enough to have the consequence. And we need to untangle the new issues that you bring to the discussion.
Is there a "Military Necessity: Of course, I cannot speak for the Israelis, but it would seem obvious to me that there is a question as to whether the protection of Israeli Territorial Sovereignty against the chaos of a rampant horde of Hostile Arab Palestinians is a "military necessity" to deal with; and I think it is.
On the matter of the "Trapped Population." That is a consequence of their own making.
IF the Arab Palestinians did not pose a demonstrated "THREAT"
[Article 2(4) threat of force against the territorial integrity or political independence] against Israel →
THEN there would not be the establishment of border protection between the people of the Gaza Strip and that of Israel. The duty here is that the Israel Government has a fiduciary responsibility to its citizens, to protect them against the threat. Thus, the purpose of that aspect of the barrier, now under protest, is → not to keep the Gazan Arab Palestinian in the Gaza Strip → but rather → to keep the threat out of Israel.
The question of "its own defense" is a variation on the theme of "self-defense." While it is covered in Article 51 of the Charter, it does not address a "Right" in either the Universal Declaration of Human Rights (UDHR) or the International Covenant on Civil and Political Rights (CCPR).
In regards to present day activities by the Hostile Arab Palestinians:
Article 51(7) Additional Protocol 1 said:
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.
The HAMAS Organized event (March to Return) is recognizable activity driven to be held as the cause of civilian casualties. The March was a calculated attempt, on the part of HAMAS, to create a violent confrontation. HAMAS cannot manipulate of pressure the population in order to shield the infiltration of Jihadists into Israel.
Most Respectfully,
R