Penelope, et al,
Well that is an invalid comparison. In WWII, Germany was the aggressor. This is a different aspect to war.
Well I guess what Germany did during WWII was not criminal either then. All is fair in war.
(COMMENT)
Ideally, there would be no war at all. But that realization has not come to humanity just yet
(no utopias just yet). Until then, there will always be wars of one kind or another.
Having said that, Humanitarian Law is an attempt to bring so measure of civility and reduce the carnage in war. While the progressive criminalization of war are no longer unanimously shared (meaning that some parties to conflicts believe that "any and all means" is without limitation), there are some standards that are still in play. The Islamic Resistance Movement (HAMAS) shares the theme with many that “an act of violence (Jihad) intended to compel our opponent to fulfill our will,” is an appropriate solution to
determining the command authority (or sovereignty) in any given territory; the Jihad is “the continuation of policy by other means.” (Machiavelli type logic.)
History has brought the concept of a "Just War"
(we have on occasion even used it as a name to military operations) to a point today where "Just War" theory contends that, in order for a party to resort to war it must be justified, and the warring political community, should meet certain criteria. This is diametrically opposed to the advanced humanitarian concept of attaining a just settlement of their international disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement. As the Islamic Resistance Movement (HAMAS) as said as a matter of covenant: "Initiatives, and so-called peaceful solutions and international conferences, are in contradiction to the principles of the Islamic Resistance Movement (HAMAS)." This view has been restated in the form of "Jihad and the armed resistance is the right and real method for the liberation of Palestine, and the restoration of all the rights, together with, of course, all forms of political and diplomatic struggle including in the media, public and legal [spheres]."
In order to make a sound and valid argument for war (continuation of conflict in lieu of negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement), it is generally thought that there are (in the thumbnail view) six requirements that must be addressed. These are the very issues that we discuss in this discussion group every day in one form or another:
- Just cause. The protection of the Jewish National Home; and to punishment the Islamic Resistance Movement (HAMAS) and radical Fedayeen) for a grievous wrongdoing which remains uncorrected; and the resistance of aggression.
- Right intention. The preservation and safety of the Jewish Culture and the way of life.
- Proper authority and public declaration. A state may go to war only if the decision has been made by the appropriate authorities, according to the proper process, and made public, notably to its own citizens and to the enemy state(s). The inherent right of individual or collective self-defense if an armed attack occurs against a sovereign nation. Chapter VII, Article 51.
- Last Resort. Exhausted all plausible, peaceful alternatives to resolving the conflict in question. The Islamic Resistance Movement (HAMAS) has already stated that "do not recognize the legitimacy of the Israeli occupation of Palestine, and recognition of "Israel" and the legitimacy of its presence on any part of Palestine."
- Probability of Success. Israel is asked to restrain their force to that amount appropriate to achieving their aim or target. But yet, each time the Jihadist escape under this Policy of Restraint.
- Proportionality. Weigh the military advantage and objective expected to result from it, such as securing the just cause, against the universal evils (Jihadist and Fedayeen) expected to result; destroying the ability and will to continue the policy of armed struggle and resistance by any means.
These are the comparisons you should be considering when looking at the bigger picture.
Most Respectfully,
R
