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The Latest Hamas-Israel Confrontation - Some Pertinent Legal Points

(Institute for Contemporary Affairs-Jerusalem Center for Public Affairs) Alan Baker - The ideological foundation of Hamas as set out in its national charter, and its actions of indiscriminate terror directed against Israeli citizens, clearly define its character as a terrorist entity. Hamas has been formally outlawed in several major states. Hamas' indiscriminate targeting of Israel's civilian population centers, and the deliberate and cynical use of its own civilians, mosques, hospitals and schools as human shields, are violations of international humanitarian law. for which Hamas' leaders and commanders are accountable and prosecutable. International law recognizes Israel's right to defend itself, whether by the conventional international right of self-defense as set out in the UN Charter or by the international customary right to self-defense. Accusations that Israel is collectively punishing the Palestinian population of Gaza have no basis. Israel's military actions are solely directed to one strategic and tactical purpose, not to punish the population, but to halt the indiscriminate rocket fire and terror infiltration into Israel's sovereign territory. The allegation that Israel uses disproportionate force is a misreading of the international rules of proportionality in armed conflict, which are intended to regulate the extent of force needed in relation to the military challenge anticipated. Amb. Alan Baker served as legal adviser and deputy director-general of Israel's Ministry of Foreign Affairs and as Israel's ambassador to Canada.
2014-07-24 00:00:00
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