Just war theory (jus bellum iustum) is split into two groups: “the right to go to war’’ (jus ad bellum) and ‘’right conduct in war’’ (jus in bello). Just war conduct should be governed by the principle of distinction:
Islamic militant terrorists — whether they are called al-Qaida, Isis, Hamas, or Hezbollah — all use similar tactics.
They target civilians while hiding among civilians in order to induce democracies to kill civilians so that the media will show gruesome pictures of dead children and blame these deaths on the democracy, rather than the terrorists who use children and other civilians as human shields.
The democracy is then put to the tragic choice of either allowing terrorist attacks against its own civilians or taking military action that risks the lives of enemy civilians.
…Israel has been very careful to try to minimize civilian casualties. They drop leaflets, make phone calls and even send noisemaking bomblets to warn civilians to leave areas to which rockets are being fired.
Mostly the civilians leave. Sometimes they don’t. When they don’t, the Israeli military does not fire at the rockets, thereby putting their own civilians at risk.
Yet some in the media describe the current situation in Gaza as a “cycle of violence.” The reality, of course, is that there is no such cycle. It is a one-way street that Hamas has driven down precisely in order to create the illusion of a cycle with equal blame on both sides.
There is no comparison — legally, morally, diplomatically or by any other criteria — between what Hamas is doing and how Israel is responding. Hamas is wilfully and deliberately committing a double war crime by targeting Israeli civilians and using Palestinian civilians as human shields.
The deliberate targeting of civilians, as Hamas admits — indeed boasts — it is doing, is a clear war crime. Hamas has specifically aimed its lethal rockets at Beersheba, Tel Aviv, Haifa, and Jerusalem. This is a war crime.
Moreover, it is firing these rockets from hospitals, schools, and houses in densely populated areas in order to cause Israel to kill Palestinian civilians. This too is a war crime.
Alan Dershowitz (2014)
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