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.
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