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Suicide Attacks Are War Crimes, Targeted Killings Aren't

(Jerusalem Post) David B. Rivkin, Jr., Lee A. Casey, and Darin R. Bartram - Equating the victims of suicide bombings with Palestinian civilians killed during Israeli military operations is utterly without foundation in international law. The law makes a clear distinction between attacks that deliberately target civilians (which are emphatically illegal) and civilian casualties that result from otherwise lawful attacks on proper military targets. Under the laws and customs of war, belligerents in general and military leaders in particular are legitimate targets and can be attacked at all times, whether on or off the "battlefield." Whatever the long-term efficacy of this policy may be, there is no doubt that Israel's targeted killing of Palestinian combatants is legal. There is little doubt that the hostilities between Israel and the Palestinians over the past two years qualifies as a conflict to which the laws of war apply. That being the case, both Israel and the Palestinians are bound by the laws of war in their operations, and the legality of their actions must be judged by that standard. Although the laws of war do not proscribe the use of "suicide" attacks - such as the Japanese "Kamikaze" pilots of World War II - the use of such tactics against civilian targets is clearly forbidden. Under modern international law norms, deliberate attacks on civilians, or civilian targets, constitute a war crime. Moreover, commingling of armed forces with civilians and carrying out military activities from civilian areas are also profound violations of the laws of war. Only known military targets are to be selected for attack, with the caveat that civilian homes and buildings can become legitimate targets if they are used for a military purpose.
2002-11-08 00:00:00
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