The air attack by American and Arab forces
against ISIS and other terrorist targets parallels Israel’s air attacks
against Hamas terrorist targets in Gaza. According to retired General
Wesley Clark, the United States air attacks are designed to degrade and
destroy the infrastructure of the terrorist groups, including the
electric grid, the sources of their finance and other mixed
military-civilian targets.
When Israel attacked Hamas military
targets, including some that had mixed uses, it was condemned by the
same Arab nations that participated in the joint United States-Arab
attack in Syria. The difference of course is that the threat posed by
ISIS is not nearly as imminent as the threats posed by Hamas. This is
certainly true in relation to the United States and may also be true in
relation to its Arab partners.
Among the most hypocritical
nations participating in the US attack is, of course, Qatar, which not
only condemned Israel for defending its civilians against Hamas rockets
and tunnels, but actually funded the Hamas attacks and provided asylum
for the Hamas terrorist leaders who ordered them. Hypocrisy is nothing
new when it comes to the double standard applied by the international
community against Israel. The United States and its Arab partners have
the right to take preemptive action against terrorist groups without
fear of UN condemnation, a Goldstone report, or threats to bring its
leaders before the International Criminal Court. Yet everything Israel
does, regardless of how careful it is to minimize civilian casualties,
becomes the basis for international condemnation.
If the US
attacks in Syria continue, there are likely to be civilian casualties,
because ISIS will embed its fighters among civilians and the many
hostages it has taken. When that happens, American and Arab rockets
will kill some civilians. It will be interesting to compare the world’s
reaction to those civilian deaths with its reaction to deaths caused by
Israeli rockets hitting human shields deliberately employed by Hamas.
If the past is any predictor of the future, the ratio of civilian to
terrorist deaths may be considerably higher in the American lead air
attacks than it was in the Israeli air attacks. In past wars, such as
those in Afghanistan, Iraq, Pakistan and the former Yugoslavia, the
ratio of civilian to combatant deaths was far higher than the ratio
brought about by Israeli rockets firing into Gaza where human shields
are Hamas’s tactic of choice.
It will also be interesting to
see the reaction of the international community and various NGOs to US
led attacks on mixed military-civilian targets, such as electric grid
and sources of financing. The international law on these subjects is
vague, open ended and thus subject to selective application. Doubts are
always resolved against Israel and in favor of other nations engaging
in similar military actions.
The joint attack by the United
States and the handful of Arab countries may finally persuade the world
that the laws of warfare must be adapted to the new realities of
terrorism. If one were to literally apply the words of Section 51 of
the UN Charter, no country could defend itself against imminent attacks,
either by terrorists or conventional armies. That section requires an
armed attack by an enemy state to have occurred before the right of
self-defense kicks in. That provision was unrealistic when drafted and
it is far more unrealistic now in the face of terroristic threats. The
laws of war also require proportionality, which is defined as demanding
that the anticipated deaths of civilians be evaluated against the
military value of the target. But it does not take into account
situations where the enemy hides its valuable military targets behind
human shields.
It has been easy for the international community
to apply these rules rigidly and unrealistically when the only country
to which it applies them is the nation-state of the Jewish people. But
now it will have to apply them across the board, and that will require
defining them in a sensible and realistic way that does not give undue
advantage to terrorist who refuse to comply with the rule of law.
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