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High death toll does not mean Israel’s violating international law

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7 minute read

From the MacDonald Laurier Institute

By Sarah Teich and Brian L. Cox

Many critics of Israel seem to be operating under a misunderstanding of the law of armed conflict.

The seven-day truce between Israel and Hamas ended on Dec. 1. Since the fighting resumed, calls to keep Israel accountable to international law have been intensifying, including, most recently, from Foreign Affairs Minister Mélanie Joly, who said that Canada will “support any form of accountability systems … at the international level that will look into” Israel’s conduct. On Tuesday, Canada voted for a ceasefire in Gaza at the United Nations, which will likely further embolden critics of Israel’s military operations.

Critics stand ready to lambaste Israeli military forces for the destruction of civilian infrastructure and civilian deaths, even accusing Israel of war crimes and genocide. Yet these criticisms often involve a distortion of the facts and a distortion of the law.

Oct. 7 was the single most brutal massacre against Jewish people since the Holocaust. The images and videos of the massacre are horrific. Women were paraded half-naked through the streets of Gaza; babies were ripped from the arms of their mothers and burned alive; elderly Holocaust survivors were terrorized and abducted. Approximately 1,200 people were killed and over 200 taken hostage in attacks orchestrated and carried out by Hamas, a recognized terrorist organization that receives funding and training from the Islamic Republic of Iran.

In the weeks that followed, and as Hamas continued to launch rockets indiscriminately at Israeli cities, Israeli forces initiated extensive ground, air and sea operations in Gaza, with the aim of dismantling Hamas and retrieving the hostages. These goals are, presumably, incredibly difficult for Israeli forces to achieve without risking harm to civilians, given that Hamas is known to use Palestinian civilians as human shields. Deaths in Gaza, according to local authorities, have surpassed 18,000.

There is a general prohibition on the use of force in international law. Unprovoked wars of aggression are illegal. States are, however, generally permitted to use force when acting in self-defence and with necessary, proportionate objectives. It is apparent that, following Hamas’s attack on Oct. 7 and continued indiscriminate rocket fire at Israel, Israel’s goal of dismantling Hamas and retrieving hostages would be considered necessary and proportionate objectives justifying the use of force. These strategic objectives comply with jus ad bellum, the body of law that governs when force may be initiated.

International humanitarian law, or jus in bello, governs the conduct of armed hostilities, even in the context of a lawful war. This is the law of war, or the law of armed conflict, and it applies to all parties to a conflict. Under the law of armed conflict (LOAC), the proportionality rule prohibits engaging in an attack “when the expected incidental loss of civilian life, injury to civilians or damage to civilian objects would be excessive in relation to the concrete and direct military advantage that is anticipated from the attack.”

Credibly determining that a violation of the LOAC proportionality rule has been committed requires evidence of the incidental harm anticipated and the military advantage expected at the time by those responsible for planning or conducting the attack. This assessment is difficult — if not impossible — to accomplish reliably based only on information available in the public domain.

Many critics of Israel seem to be operating under a misunderstanding of the law of armed conflict. As summarized by Charles Kels, senior attorney for the United States Department of Homeland Security and a judge advocate in the U.S. Air Force Reserve, there is a disturbing trend wherein academics and others conflate jus ad bellum and jus in bello.

What those who make this mistake are saying, writes Kels, “is that even if a state is acting in self-defence with a lawful objective, and even if their forces abide by (the laws of war) in military operations, they still have a legal obligation to stop fighting if civilian casualties are too high.” This is not the law, nor should it be.

The death toll in Gaza cannot be taken lightly. However, the magnitude of civilian harm alone is not a reliable indicator of compliance with international law. The fact that Hamas embeds itself within civilian populations, and actively prevents civilians from leaving dangerous areas, likely needlessly heightens the death toll.

International law prohibits deliberately making civilians the object of attack. Israel has committed publicly to complying with international law throughout this operation, just as it has done in the past. In contrast, Hamas has targeted, and continues to target, Israeli civilians with indiscriminate attacks. Hamas refuses to release all the hostages it abducted, which constitutes an ongoing serious violation of international law.

Accountability for atrocity crimes is something that should be encouraged, across the board. However, efforts should focus on the most likely perpetrators and the most egregious crimes. Hamas can and should be held accountable for its ongoing crimes against Israelis and Palestinians, and Israel should be supported as it defends itself in accordance with the law.

Sarah Teich is an international human rights lawyer, a senior fellow at the Macdonald-Laurier Institute and a legal advisor to Secure Canada. Brian L. Cox is a visiting scholar at University of Ottawa School of Law, a lecturer at Cornell Law School and a retired U.S. Army military lawyer.

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The West Is Playing With Fire In Ukraine

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National Security Communications Adviser John Kirby

From the Daily Caller News Foundation 

By Morgan Murphy

As wars tend to do, the battle over Ukraine continues to escalate.

It was reported this week that North Korean soldiers in the conflict total 10,000 thus far and that Russia has rewarded Pyongyang by sending its excellent air defense systems to the Korean Peninsula in exchange.

Last month, the National Security Council spokesman, John Kirby, warned that any North Korean troops fighting in the conflict would be, “fair game and fair targets.”

His green light delivered this week when “a high-ranking North Korean military officer [became] a casualty” according to a Wall Street Journal story on Thursday. That strike was allegedly conducted with British Storm Shadow missiles.

Just these recent events further entangle the U.S., U.K., North Korea, South Korea, and China within the Russia-Ukraine conflict.

But the week’s biggest Ukraine news rattled many Americans — the Biden administration authorized Ukraine to strike targets within Russia with the American-made Army Tactical Missile System (ATACMS).

“The missiles will speak for themselves,” Ukrainian President Volodymyr Zelenskyy boasted.

They sure will. First of all, the U.S. doesn’t have many of the $1.3 million missiles to lob around. U.S. Indo-Pacific Command Commander Admiral Samuel Paparo warned an audience at the Brookings Institute this week that the conflicts in the Middle East and Ukraine are “now eating into stocks … and to say otherwise would be dishonest.”

I’ve met and been briefed by Admiral Paparo, who is one of the most positive and straight-talking flag officers in our military. If he is publicly ringing the warning bell, U.S. policy leaders should take heed.

Putin did not take the news of the ATACMS well. In response, he announced the use of a hypersonic ballistic missile on Thursday, carefully noting that it didn’t carry a nuclear warhead. The unspoken part: next time, it might.

What’s the goal in Biden’s escalation? It seems the White House is trying to prevent the inevitable or blame Trump for Ukraine’s upcoming defeat.

What they won’t admit is that the metrics of the war are not in Ukraine’s favor, and frankly never have been. No supersonic missile will change the immutable: Russia boasts a population five times Ukraine’s and when it comes to war materiel, Russia is winning. Despite Biden’s attempt to hobble the Russian economy, Putin’s war industry is outproducing the West by three times in the basic munitions needed to prosecute a land battle.

But aren’t Russians dying en mass on the battlefield?

Western leaders keep touting Russia’s high death toll, which estimates now place at 600,000. To military strategists here in the United States, such a human cost is unimaginable. Add up every American combat death going back 160 years through the Gulf Wars, Afghanistan, Vietnam, Korea, World War II, World War I, and even the Union combat deaths in the Civil War, and the number does’t reach what Russia has lost in the past 1,000 days.

American and NATO leaders are foolish to underestimate Russian resolve.

Since its initial blundering and poorly-executed invasion of Ukraine in 2022, Russia has recovered from its mistakes, Russian public support for the war remains high, and the Russian economy hasn’t fallen apart. Putin may have lost the virtue-signaling battle of Ukrainian flag lapel pins, but make no mistake: he’s on a path to win the war.

Biden’s deputy Pentagon press secretary, Sabrina Singh, says don’t worry. On Thursday she told reporters the administration was sending as much American weapons and support to Ukraine as it can muster, “in the weeks and months ahead left of this administration. So, that’s what we’re really focused on.”

What did she make of Putin’s nuclear threat?  “I mean, you know, we’ve seen this type of, you know, dangerous, reckless rhetoric before from President Putin,” Singh said.

“I mean, you know?” No, we don’t know. The world hasn’t seen nuclear threats like this since Harry S. Truman demanded Japan surrender.

For anyone worried about the state of our national security, January 20th can’t come quickly enough.

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Russia has sent the West a message: Don’t provoke us into escalating the war

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From LifeSiteNews

By Conservative Treehouse

The U.S., U.K., and NATO war alliance is desperate to provoke Vladimir Putin into expanded engagement prior to Donald Trump taking office. NATO members, sans Biden, met after the U.S. election to organize a strategy to Trump-proof their efforts.

Despite the diminutive Ukranian President Volodymyr Zelensky jumping around and shouting about Russians firing an Intercontinental Ballistic Missile (ICBM) Thursday, they didn’t. Instead, Russian President Vladimir Putin decided his response to the U.S-led NATO group firing missiles into the Russian Federation would be to send a message with a multi-warhead intermediate range hypersonic missile. (Click here for background information.)

President Vladimir Putin said “one of the newest Russian medium-range missile systems was tested in combat conditions, in this case with a ballistic missile in non-nuclear hypersonic edition.” The missile has a range of approximately 3,500 kilometers, below the threshold for the Strategic Arms Limitation Treaty (SALT) – that’s a reach throughout western Europe, and the hypersonic message is likely, “You have no iron dome system that can prevent this.”

From Reuters:

Russia fired a hypersonic intermediate-range ballistic missile at the city of Dnipro on Thursday in response to the U.S. and UK allowing Kyiv to strike Russian territory with advanced Western weapons, in a further escalation of the 33-month-old war.

Russian President Vladimir Putin, in a televised address, said Moscow struck a Ukrainian military facility with a new ballistic missile known as ‘Oreshnik’ (the hazel) and warned that more could follow.

‘A regional conflict in Ukraine previously provoked by the West has acquired elements of a global character,’ Putin said in an address to the nation carried by state television after 8 pm Moscow time (1700 GMT).

A U.S. official said that Washington was pre-notified by Russia shortly before its strike, while another said they had briefed Kyiv and other close allies in recent days to prepare for the possible use of such a weapon.

Regardless of its classification, the latest strike highlighted rapidly rising tensions in the past several days.

Ukraine fired U.S. and British missiles at targets inside Russia this week despite warnings by Moscow that it would see such action as a major escalation.

The U.S., U.K., and NATO war alliance is desperate to provoke Vladimir Putin into expanded engagement prior to President-elect Donald Trump taking office. The NATO members, sans Biden, previously met in Brussels after the U.S. election to organize a strategy to Trump-proof their efforts.

Increasingly it looks like Great Britain will lead the provocation effort, with full support of the U.S. war machine. We previously said to watch Moldova closely, because that strategic position would be the most likely place of Western political influence to provoke Russia.

Indeed, as things are starting to unfold with increased urgency stimulated by the U.S. election outcome, now we see the U.K. entering a new agreement for military defense of Moldova being pre-positioned. From a U.K. government press release:

A new UK-Moldova Defence and Security Partnership has also been launched today, building on extensive cooperation between the two countries and strengthening Moldovan resilience against external threats. This partnership will bolster support for the sovereignty, security and stability of Ukraine, helping to strengthen national security at home in the face of increasing Russian aggression.

Foreign Secretary David Lammy said:

‘Moldova is a vital security partner for the UK, which is why to reinforce their resilience against Russian aggression and to keep British streets safe, I am deepening cooperation on irregular migration and launching a new Defence and Security Partnership.

‘With Ukraine next door, Moldovans are constantly reminded of Russia’s oppression, imperialism and aggression.[‘]

As the design of the strategy appears to be unfolding, Great Britain, with U.S. covert operational support, will position themselves inside Moldova. NATO troops are already on the ground there, much to the anxiety of the average Moldovan.

The intellectually honest people of Moldova, using the reference point of prior activity by the U.S. in Ukraine, clearly see themselves being set up as cannon fodder for Western military usefulness. The Great Britain/CIA/NATO team appears likely to use the geography of Moldova to provoke Russia into some form of response.

The baseline for the continued need to avoid any cessation of hostilities in Ukraine is financial. BlackRock and JPMorgan have exclusive rights to the “rebuilding” of Ukraine, with access to all the resources therein. Thus there is an alignment of interests between BlackRock, JPMorgan, NATO, the U.S. State Department, and the internal operatives of the Biden administration.

At the same time, the Deep State (those who control Biden), the Intelligence Community, in combination with the anti-Trump DOJ-NSD (National Security Division), are using the increased hostility to bait President-elect Trump into saying something contradictory about current U.S.-NATO policy – a Logan Act violation.

So far President Trump has remained quiet, as the provocation against our peaceful interests are ongoing. For his part, Vladimir Putin has remained reserved and careful in his response; however, as U.S./NATO missiles continue to land inside the Russian Federation, there is concern that Putin’s restrained responses may indeed escalate.

We hope there are backchannels between Moscow and Mar-a-Lago; however, without any doubt the Intelligence Community is looking to intercept any communication that might possibly be taking place. Everyone in and around the orbit of President Trump likely has national security surveillance on them.

The industrial war machine is attempting to defend itself against any peace effort.

“Troublesome” is an understatement.

Reprinted with permission from Conservative Treehouse.

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