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Proportionality and Self-Defense

(Jerusalem Post) Allen Z. Hertz - The doctrine of proportionality does not require some sort of a balance between Israeli and Hamas dead. International law does not require the Israeli government to sit back and accept the firing of rockets at Israel civilians and soldiers, just because measures to prevent that firing would likely result in some collateral civilian injury. The Israeli government has to opt for some Hamas deaths (civilian and military) from Israeli preventive measures to prevent some Israeli deaths (civilian and military) resulting from Hamas missiles hitting Israel. Any other decision would irrationally privilege the lives of Arabs in Gaza over those of civilians and soldiers in Israel. A state has a moral and legal right to use force in self-defense, even though that recourse to force is likely to cause some collateral civilian injury and death. With respect to Gaza, the Israeli government acts not by way of retaliation or punishment, but for prevention, to stop the launching of Hamas missiles and thus prevent more Israeli civilians and soldiers from being killed. The writer was senior adviser in the Privy Council Office serving Canada's prime minister and the federal cabinet.
2012-12-20 00:00:00
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