dimanche 29 octobre 2023

About the legality of Israel's actions against Hamas.

Here are the refined points from Lord Guglielmo Verdirame KC's speech regarding the legality of Israel's actions against Hamas, as delivered in the House of Lords:


1. *Proportionality in Self-Defense:*

   - The principle of proportionality doesn't necessitate that the defensive force must equal the offensive force, but rather, it should align with the objective to prevent further attacks.


2. *Israel's War Aims:*

   - Israel aims to disrupt Hamas's capabilities, a goal deemed legally proportionate in self-defense, given Hamas's documented actions and intentions.


3. *Ceasefire Requests:*

   - Requesting a ceasefire before achieving defensive objectives essentially asks a state to cease defending itself. Reasonable ceasefire requests should be accompanied by proposals on how Israel's defensive goals could be met through other means.


4. *Law of Armed Conflict:*

   - This law mandates that the risk to civilian life in any attack must not be excessive relative to the anticipated military advantage.


5. *Hamas's Exploitation of Civilians:*

   - Hamas cynically manipulates the rules of armed conflict by putting civilians at risk to seek immunity for its military operations.


6. *Legality of Siege Warfare:*

   - Siege is a legitimate method of warfare; however, besieging an undefended town is unlawful. Encircling an area with civilians, as in the case of Gaza, complies with the laws of war, provided certain humanitarian provisions are met.


7. *Occupation of Gaza:*

   - The speech questions the UK government's stance on Gaza's occupation status post-2005, suggesting a deviation from traditional views based on physical presence, considering both Israeli and Egyptian control over access points to Gaza.


8. *Hamas's Governance of Gaza:*

   - It emphasizes Hamas's control over Gaza and its exploitation of legal ambiguities to blame Israel while using its control to wage war.


9. *Bias in War Reporting:*

   - The speech critiques the biased reporting of war events, such as the hospital strike, where law-abiding belligerents promise investigations while non-law-abiding ones hastily blame the other side, often garnering misleading headlines.


Aucun commentaire:

Enregistrer un commentaire