By Dore Gold
2nd part of 2
Proportionality as a Strategic Issue
Moving beyond the question of international law, the charge that Israel is using a disproportionate amount of force in the Gaza Strip because of reports of Palestinian casualties has to be looked at critically. Israelis have often said among themselves over the last seven years that when a Hamas rocket makes a direct strike on a crowded school, killing many children, then Israel will finally act.
This scenario raises the question of whether the doctrine of proportionality requires that Israel wait for this horror to occur, or whether Israel could act on the basis of the destructive capability of the arsenal Hamas already possesses, the hostile declarations of intent of its leaders, and its readiness to use its rocket forces already. Alan Dershowitz noted two years ago: "Proportion must be defined by reference to the threat proposed by an enemy and not by the harm it has produced." Waiting for a Hamas rocket to fall on an Israeli school, he rightly notes, would put Israel in the position of allowing "its enemies to play Russian Roulette with its children."13
The fundamental fact is that in fighting terrorism, no state is willing to play Russian Roulette. After the U.S. was attacked on 9/11, the Western alliance united to collectively topple the Taliban regime in Afghanistan; no one compared Afghan casualties in 2001 to the actual numbers that died from al-Qaeda's attack. Given that al-Qaeda was seeking non-conventional capabilities, it was essential to wage a campaign to deny it the sanctuary it had enjoyed in Afghanistan, even though that struggle continues right up to the present.
Is There Proportionality Against Military Forces?
And in fighting counterinsurgency wars, most armies seek to achieve military victory by defeating the military capacity of an adversary, as efficiently as possible. There clearly is no international expectation that military losses in war should be on a one-to-one basis; most armies seek to decisively eliminate as many enemy forces as possible while minimizing their own losses of troops. There are NATO members who have been critical of "Israel's disproportionate use of force," while NATO armies take pride in their "kill ratios" against the Taliban in Afghanistan. Moreover, decisive military action against an aggressor has another effect: it increases deterrence.14 To expect Israel to hold back in its use of decisive force against legitimate military targets in Gaza is to condemn it to a long war of attrition with Hamas.
The loss of any civilian lives is truly regrettable. Israel has cancelled many military operations because of its concern with civilian casualties. But should civilian losses occur despite the best efforts of Israel to avoid them, it is ultimately not Israel's responsibility. As political philosopher Michael Walzer noted in 2006: "When Palestinian militants launch rocket attacks from civilian areas, they are themselves responsible - and no one else is - for the civilian deaths caused by Israeli counterfire."15
International critics of Israel may be looking to craft balanced statements that spread the blame for the present conflict to both sides. But they would be better served if they did not engage in this artificial exercise, and clearly distinguish the side that is the aggressor in this conflict - Hamas - and the side that is trying to defeat the aggression - Israel.
Dr. Dore Gold,
Israel's ambassador to the UN in 1997-99, is President of the Jerusalem Center for Public Affairs and author of Hatred's Kingdom: How Saudi Arabia Supports the New Global Terrorism (Regnery, 2003) and The Fight for Jerusalem: Radical Islam, the West, and the Future of the Holy City (Regnery, 2007)
Copyright - Original materials copyright (c) by the authors.
Notes
1. For numbers of rockets, see Dore Gold, "Israel's War to Halt Palestinian Rocket Attacks," JerusalemIssue Brief, Vol. 7, No. 34, March 3, 2008, Institute of Contemporary Affairs/Jerusalem Center for Public Affairs. See also December 2008 publications on www.intelligence.org.il.
2. Robert Berger, "Israeli Official Warns of Growing Hamas Military Threat," Voice of America News, voa.com, May 17, 2008.
3. "News of Terrorism and the Israeli-Palestinian Conflict," Intelligence and Terrorism Information Center at the Israel Intelligence Heritage and Commemoration Center (IICC), December 16-23, 2008, http://www.terrorism-info.org.il/malam_multimedia/English/eng_n/pdf/ipc_e006.pdf.
4. "Intensive Rocket Fire Attacks Again Western Negev Population Center and the Ashqelon Region after Hamas Announces the End of the Lull Agreement," IICC, December 21, 2008, http://www.terrorism-info.org.il/malam_multimedia/English/eng_n/pdf/hamas_e018.pdf,
5. "Secretary-General Urges Immediate Halt to Renewed Israeli-Palestinian Violence," UN News Service, December 27, 2008, http://www.un.org/apps/news/story.asp?NewsID=2425&Cr=Palestin&Cr1=.
6. "World Reacts to Israel Strikes in Gaza," Deutsche Welle, dw-world.de, December 28, 2008, http://www.dw-world.de/dw/article/0,,3905288,00.html.
7. Brazil Criticizes Israeli Attack on Gaza: Special Report: Palestine-Israel Relations," China View, http://www.chinaview.cn/
, December 28, 2008, http://news.xinhuanet.com/english/2008-12/28/content_10570016.htm. 8. R. Higgins, cited in "Responding to Hamas Attacks from Gaza - Issues of Proportionality Background Paper," Israel Ministry of Foreign Affairs, March 2008.
9. Abraham Bell, "International Law and Gaza: The Assault on Israel's Right to Self-Defense," Jerusalem Issue Brief, Vol. 7, No. 29, January 28, 2008, Institute for Contemporary Affairs/Jerusalem Center for Public Affairs.
10. Ibrahim Barzak and Amy Teibel, "Israeli Assault on Hamas Kills More than 200," Associated Press, December 28, 2008, http://news.yahoo.com/s/ap/20081227/ap_on_re_mi_ea/ml_israel_palestinians/print.
11. William Safire, "Proportionality," New York Times, August 13, 2006, http://www.nytimes.com/2006/08/13/magazine/13wwln_safire.html.
12. Office of the Prosecutor, International Criminal Court, The Hague, February 9, 2008, http://www.icc-cpi.int/library/organs/otp/OTP_letter_to_senders_re_Iraq_9_February_2006.pdf.
13. Alan Dershowitz, "The Hamas Government Has Declared War Against Israel: How Should Israel Respond?" Huffington Post, March 14, 2008, http://www.huffingtonpost.com/alan-dershowitz/the-hamas-government-has-_b_91630.html.
14. Richard Cohen, "...No, It's Survival," Washington Post, July 25, 2006
15. Michael Walzer, "How Aggressive Should Israel Be? War Fair," The New Republic Online, July 31, 2006.
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