Consider This from NPR Is Israel Breaking the Laws of War in Gaza?
Nov 3, 2023
Tom Dannenbaum, an expert in international law from the Fletcher School, joins to discuss the rules of war amidst the Israel-Gaza conflict. He dives into the legal implications of recent bombings on civilian areas, emphasizing principles like distinction and proportionality. Dannenbaum highlights the responsibilities of courts and the challenges of enforcing war laws in densely populated regions. The conversation sparks critical questions about the balance between military objectives and civilian safety in warfare.
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Rules of War
- Key laws of war include distinguishing between military and civilian targets, avoiding indiscriminate attacks, and taking precautions to minimize civilian harm.
- Attacking is prohibited if expected civilian losses are excessive compared to the military advantage gained.
Enforcement of War Laws
- International laws of war are rooted in treaties like the Geneva Conventions and customary practices of states.
- These laws can be enforced by domestic or international courts, including the International Criminal Court in cases like Gaza.
Self-Defense and Warnings
- Self-defense does not grant unrestricted action in war; the laws of armed conflict still apply.
- While warnings to civilians are part of minimizing harm, they don't excuse violations of other war rules.