Posted tagged ‘Proportionality’

Israel, Gaza and “Proportionality”

May 19, 2016

Israel, Gaza and “Proportionality,” Gatestone InstituteLouis René Beres, May 19, 2016

♦ It appears that several major Palestinian terror groups have begun to prepare for mega-terror attacks on Israel.

♦ The authoritative rules of war do not equate “proportionality” with how many people die in each side of a conflict. In war, no side is ever required to respond to aggression with only the equivalent measure of force. Rather, the obligations of proportionality require that no side employ any level of force that is greater than what is needed to achieve a legitimate political and operational objective.

♦ Under pertinent international law, the use of one’s own people as “human shields” — because such firing from populated areas is intended to deter Israeli reprisals, or to elicit injuries to Palestinian civilians — represents a codified war crime. More specifically, this crime is known as “perfidy.” This is plainly an attempt to make the IDF appear murderous when it is compelled to retaliate, but it is simply a Palestinian manipulation of legal responsibility. Under law, those Arab residents who suffer from Israeli retaliations are incurring the consequences of their own government’s war crimes.

♦ International law is not a suicide pact. Instead, it offers a universally binding body of rules and procedures that allows all states to act on behalf of their “inherent right of self-defense.”

Already, calls from various directions have begun to condemn Israel for its recent retaliatory strikes in self-defense at Gaza.[1] The carefully-rehearsed refrain is all-too familiar. Gazan terrorists fire rockets and mortars at Israel; then, the world calls upon the Israel Air Force (IAF) not to respond.

Although Israel is plainly the victim in these ritualistic cycles of Arab terror and required Israeli retaliations, the “civilized world” usually comes to the defense of the victimizers. Inexplicably, in the European Union, and even sometimes with the current U.S. president, the Israeli response is reflexively, without thought, described as “excessive” or “disproportionate.”

Leaving aside the irony of President Obama’s evident sympathies here — nothing that Israel has done in its own defense even comes close to the indiscriminacy of recent U.S. operations in Afghanistan[2] — the condemnations are always unfounded. Plainly, Hamas and allied Arab terror groups deliberately fire their rockets from populated areas in Gaza at Israeli civilians. Under pertinent international law, this use of one’s own people as “human shields” — because such firing from populated areas is intended to deter Israeli reprisals, or to elicit injuries to Palestinian civilians — represents a codified war crime. More specifically, this crime is known as “perfidy.”

“Perfidy” is plainly an attempt to make the IDF appear murderous when it is compelled to retaliate, but it is always simply a Palestinian manipulation of true legal responsibility. Hamas’s intent might be to incriminate the Israelis as murderers of Gaza’s civilians. Legally, however, the net effect of Arab perfidy in Gaza is to free Israel of all responsibility for Arab harm, even if it is Israeli retaliatory fire that actually injures or kills the Gazan victims. Under law, those Arab residents who suffer from Israeli retaliations are incurring the consequences of their own government’s war crimes. Palestinian suffering, which we are surely about to see again in stepped-up, choreographed Arab propaganda videos, remains the direct result of a relentlessly cruel, insensitive, and criminal Hamas leadership.

Significant, too, although never really mentioned, is that this Hamas leadership, similar to the PA and Fatah leadership, often sits safely away from Gaza, tucked away inconspicuously in Qatar. For these markedly unheroic figures, “martyrdom” is allegedly always welcomed and revered, but only as long as this singular honor is actually conferred upon someone else.

Moreover, the authoritative rules of war do not equate “proportionality” with how many people die in each side of a conflict. In war, no side is ever required to respond to aggression with only the equivalent measure of force. Rather, the obligations of proportionality require that no side employ any level of force that is greater than what is needed to achieve a legitimate political and operational objective.

If the rule of proportionality were genuinely about an equivalent number of dead, America’s use of atomic weapons against Japanese civilians in August 1945 would represent the greatest single expression of “disproportionality” in human history.

It appears that several major Palestinian terror groups have begun to prepare for mega-terror attacks on Israel. Such attacks, possibly in cooperation with certain allied jihadist factions, could include chemical and biological weapons of mass destruction. Over time, especially if Iran, undeterred by the July 2015 Vienna Pact, should agree to transfer portions of its residual nuclear materials to terror groups, Israel could then have to face Palestinian-directed nuclear terrorism.

One message is clear. If Israel, pressured by outside forces, allows Palestinian terror from Gaza to continue unopposed, the state could become increasingly vulnerable to even greater forms of Arab aggression.

Also important to keep in mind is that nuclear terror assaults against Israel could be launched from trucks or ships, not only from rockets and missiles.

What about Israel’s active defenses? In its most recent defensive operations, Protective Edge and Pillar of Defense, Israel accomplished an impressively high rate of “Iron Dome” interceptions against incoming rockets from Gaza. Still, it would be a mistake to extrapolate from any such relatively limited successes to the vastly more complex hazards of strategic danger from Iran. Should Iran “go nuclear” in ten years or sooner, that still recalcitrant Islamic regime could launch at Israel missiles armed with nuclear warheads.

746In its most recent defensive operations, Israel accomplished an impressively high rate of “Iron Dome” interceptions against incoming rockets from Gaza. Still, it would be a mistake to extrapolate from any such relatively limited successes to the vastly more complex hazards of strategic danger from Iran. (Image source: IDF)

Sun Tzu, the ancient Chinese military thinker, already understood — long before the nuclear age — that too great a reliance on defense is always misconceived. Today, Arrow, Israel’s core ballistic missile defense (BMD) interception system, would require a 100% rate success against offensive nuclear missiles. At the same time, such a rate is impossible to achieve, even if enhanced by Rafael’s new laser-based defenses. Israel must therefore continue to rely primarily on deterrence for existential nuclear threats.

Although unacknowledged, Israel has always been willing to keep its essential counterterrorism operations in Gaza consistent with the established rules of humanitarian international law. Palestinian violence, however, has remained in persistent violation of all accepted rules of engagement — even after Israel painfully “disengaged” from Gaza in 2005.

Both Hamas and the Palestinian Authority still speak indignantly of “the Occupation?” But where, precisely, is this “occupation?” After all their agitated umbrage about Israeli “disproportionality,” shouldn’t the Palestinians and their allies finally be able to answer that core question? There are no Israelis in Gaza.

International law is not a suicide pact. Instead, it offers a universally binding body of rules and procedures that allows all states to act on behalf of their “inherent right of self-defense.”[3] When terrorists groups such as Hamas openly celebrate the “martyrdom” of Palestinian children, and when Hamas leaders unhesitatingly seek their own religious redemption through the mass-murder of Jewish children, unfortunately these terrorists retain no legal right to demand sanctuary.

In response to endless terror attacks from Gaza, Israel, with countless leaflets, phone calls, “knocks on the roof,” and other warnings to its attackers, has been acting with an operational restraint unequaled by any other nation and according to binding rules of war. In these obligatory acts of self-defense there has not yet been the slightest evidence of disproportionality.

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[1] Speaking in Beirut on Channel 10 News, on May 7, 2016, Hezbollah leader Hassan Nasrallah accused Israel of “attacking Gaza,” continuing: “Unfortunately, the Arab world is silent about the situation in Gaza. … these actions must be condemned.” Cited in Israel National News, “Nasrallah calls for condemnation of Israeli ‘Attacks’ on Gaza,” May 7, 2016. Interesting, too, is that Nasrallah, a Shiite leader, is speaking here in strong support of Sunni Hamas.

[2] See Alissa J. Rubin, “Airstrike Hits Doctors Without Borders Hospital in Afghanistan,” The New York Times, October 3, 2015. This is an account of the October 2015, U.S. destruction of a crowded hospital in the embattled city of Kunduz. The Pentagon confirmed the strike, which it called “collateral damage,” and President Obama offered condolences to the victims in what he termed a “tragic incident.” Doctors Without Borders was awarded the Nobel Peace Prize in 1999.

[3] See, especially, Article 51 of the United Nations Charter.

The West has developed a dangerous concern for ‘proportionality.’

October 20, 2015

The West has developed a dangerous concern for ‘proportionality.’ National Review, Victor Davis Hanson, October 20, 2015

The question is not only whether the Obama administration, in private, favors the cause of the radical Palestinians over a Western ally like Israel, but also whether it is even intellectually and morally capable of distinguishing a democratic state that protects human rights from a non-democratic, authoritarian, and terrorist regime that historically has hated the West, and the United States in particular — and is currently engaged in clear-cut aggression.

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In the current epidemic of Palestinian violence, scores of Arab youths are attacking, supposedly spontaneously, Israeli citizens with knives. Apparently, edged weapons have more Koranic authority, and, in the sense of media spectacle, they provide greater splashes of blood. Thus the attacker is regularly described as “unarmed” and a victim when he is “disproportionately” stopped by bullets.

The Obama State Department has condemned the use of “excessive” Israeli force in response to Palestinian terrorism. John Kirby, the hapless State Department spokesman, blamed “both” sides for terrorism, and the president himself called on attackers and their victims to “tamp down the violence.”

In short, the present U.S. government — which is subsidizing the Palestinians to the tune of hundreds of millions of dollars a year — is incapable of distinguishing those who employ terrorist violence from the victims against whom the terrorism is directed. But why is the Obama administration — which can apparently distinguish those who send out drones from those who are blown up by them on the suspicion of employing terrorist violence — morally incapable of calling out Palestinian violence? After all, in the American case, we blow away suspects whom we think are likely terrorists; in the Israeli instance, they shoot or arrest those who have clearly just committed a terrorist act.

Two reasons stand out.

One, Obama’s Middle East policies are in shambles. Phony red lines, faux deadlines, reset with Putin, surrendering all the original bargaining chips in the Iranian deal, snubbing Israel, cozying up to the Muslim Brotherhood, dismissing the threat of ISIS, allowing Iraq to collapse by abruptly pulling out all American troops, giving way to serial indecision in Afghanistan, ostracizing the moderate Sunni regimes, wrecking Libya, and setting the stage for Benghazi — all of these were the result of administration choices, not fated events. One of the results of this collapse of American power and presence in the Middle East is an emboldened Palestinian movement that has recently renounced the Oslo Accords and encouraged the offensive of edged weapons.

Mahmoud Abbas, the subsidized president of the self-proclaimed Palestinian State, and his subordinates have sanctioned the violence. Any time Palestinians sense distance between the U.S. and Israel, they seek to widen the breach. When the Obama team deliberately and often gratuitously signals its displeasure with Israel, then the Palestinians seek to harden that abstract pique into concrete estrangement.

Amid such a collapse of American power, Abbas has scanned the Middle East, surveyed the Obama pronouncements — from his initial Al Arabiya interview and Cairo speech to his current contextualizations and not-so private slapdowns of Netanyahu — and has wagered that Obama likes Israel even less than his public statements might suggest. Accordingly, Abbas assumes that there might be few consequences from America if he incites another “cycle of violence.”

The more chaos there is, the more CNN videos of Palestinian terrorists being killed by Israeli civilians or security forces, the more NBC clips of knife-wielding terrorists who are described as unarmed, and the more MSNBC faux maps of Israeli absorption of Palestine, so all the more the Abbas regime and Hamas expect the “international community” to force further Israeli concessions. The Palestinians hope that they are entering yet another stage in their endless war against Israel. But this time, given the American recessional, they have new hopes that the emerging Iran–Russia–Syria–Iraq–Hezbollah axis could offer ample power in support of the violence and could help to turn the current asymmetrical war more advantageously conventional. The Palestinians believe, whether accurately or not, that their renewed violence might be a more brutal method of aiding the administration’s own efforts to pressure the Israelis to become more socially just, without which there supposedly cannot be peace in the Middle East.

But there is a second, more general explanation for the moral equivalence and anemic response from the White House. The Obama “we are the ones we’ve been waiting for” administration is the first postmodern government in American history, and it has adopted almost all the general culture’s flawed relativist assumptions about human nature.

Affluent and leisured Western culture in the 21st century assumes that it has reached a stage of psychological nirvana, in which the Westernized world is no longer threatened in any existential fashion as it often was in the past. That allows Westerners to believe that they no longer have limbic brains, and so are no longer bound by Neanderthal ideas like deterrence, balance of power, military alliances, and the use of force to settle disagreements. Their wealth and technology assure them that they are free, then, to enter a brave new world of zero culpability, zero competition, and zero hostility that will ensure perpetual tranquility and thus perpetual enjoyment of our present material bounty.

Our children today play tee-ball, where there are no winners and losers — and thus they are schooled that competition is not just detrimental but also can, by such training, be eliminated entirely. Our adolescents are treated according to the philosophy of “zero tolerance,” in which the hero who stops the punk from bullying a weaker victim is likewise suspended from school. Under the pretense of such smug moral superiority, our schools have abdicated the hard and ancient task of distinguishing bad behavior from good and then proceeding with the necessary rewards and punishments. Our universities have junked military history, which schooled generations on how wars start, proceed, and end. Instead, “conflict resolution and peace studies” programs proliferate, in which empathy and dialogue are supposed to contextualize the aggressor and thus persuade him to desist and seek help — as if aggression, greed, and the desire for intimidation were treatable syndromes rather than ancient evils that have remained dangerous throughout history.

Human nature is not so easily transcended, just because a new therapeutic generation has confused its iPhone apps and Priuses with commensurate moral and ethical advancement. Under the canons of the last 2,500 years of Western warfare, disproportionality was the method by which aggressors were either deterred or stopped. Deterrence — which alone prevented wars — was predicated on the shared assumption that starting a conflict would bring more violence down upon the aggressor than he could ever inflict on his victim. Once lost, deterrence was restored usually by disproportionate responses that led to victory over and humiliation of the aggressive party.

The wreckage of Berlin trumped anything inflicted by the Luftwaffe on London. The Japanese killed fewer than 3,000 Americans at Pearl Harbor; the Americans killed 30 times that number of Japanese in a single March 10, 1945, incendiary raid on Tokyo. “They have sown the wind, and they shall reap the whirlwind” was the standard philosophy by which aggressive powers were taught never again to start hostilities. Defeat and humiliation led to peace and reconciliation.

The tragic but necessary resort to disproportionate force by the attacked not only taught an aggressor that he could not win the fight he had started, but also reminded him that his targeted enemy might not be completely sane, and thus could be capable of any and all retaliation.

Unpredictability and the fear sown by the unknown also help to restore deterrence, and with it calm and peace. In contrast, predictable, proportionate responses can reassure the aggressor that he is in control of the tempo of the war that he in fact started. And worse still, the doctrine of proportionality suggests that the victim does not seek victory and resolution, but will do almost anything to return to the status quo antebellum — which, of course, was disadvantageous and shaped by the constant threat of unexpected attack by its enemies.

Applying this to the Middle East, the Palestinians believe that the new American indifference to the region and Washington’s slapdowns of Netanyahu have reshuffled relative power. They now hope that there is no deterrent to violence and that, if it should break out, there will be only a proportionate and modest response from predictable Westerners.

Under the related doctrine of moral equivalence, Westerners are either unwilling or unable to distinguish the more culpable from the more innocent. Instead, because the world more often divides by 55 to 45 percent rather than 99 to 1 percent certainty, Westerners lack the confidence to make moral judgments — afraid that too many critics might question their liberal sensitivities, a charge that in the absence of dearth, hunger, and disease is considered the worst catastrophe facing an affluent Western elite.

The question is not only whether the Obama administration, in private, favors the cause of the radical Palestinians over a Western ally like Israel, but also whether it is even intellectually and morally capable of distinguishing a democratic state that protects human rights from a non-democratic, authoritarian, and terrorist regime that historically has hated the West, and the United States in particular — and is currently engaged in clear-cut aggression.