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On Israeli war crimes and the legality of the war in Gaza
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Big_Bird



Joined: 31 Jan 2003
Location: Sometimes here sometimes there...

PostPosted: Tue Jan 13, 2009 4:55 pm    Post subject: On Israeli war crimes and the legality of the war in Gaza Reply with quote

There is much talk now of Israeli war crimes in Gaza.

From The Guardian (yes I know I know) The Israeli military are accused of:

Using powerful shells in civilian areas which the army knew would cause large numbers of innocent casualties;

� Using banned weapons such as phosphorus bombs;

� Holding Palestinian families as human shields;

� Attacking medical facilities, including the killing of 12 ambulance men in marked vehicles;

� Killing large numbers of police who had no military role.


Quote:
The UN's senior human rights body approved a resolution yesterday condemning the Israeli offensive for "massive violations of human rights". A senior UN source said the body's humanitarian agencies were compiling evidence of war crimes and passing it on to the "highest levels" to be used as seen fit.

Some human rights activists allege that the Israeli leadership gave an order to keep military casualties low no matter what cost to civilians. That strategy has directly contributed to one of the bloodiest Israeli assaults on the Palestinian territories, they say.


Quote:
Amnesty International says hitting residential streets with shells that send blast and shrapnel over a wide area constitutes "prima facie evidence of war crimes".

"There has been reckless and disproportionate and in some cases indiscriminate use of force," said Donatella Rovera, an Amnesty investigator in Israel. "There has been the use of weaponry that shouldn't be used in densely populated areas because it's known that it will cause civilian fatalities and casualties.

"They have extremely sophisticated missiles that can be guided to a moving car and they choose to use other weapons or decide to drop a bomb on a house knowing that there were women and children inside. These are very, very clear breaches of international law."

Israel's most prominent human rights organisation, B'Tselem, has written to the attorney general in Jerusalem, Meni Mazuz, asking him to investigate suspected crimes including how the military selects its targets and the killing of scores of policemen at a passing out parade.

"Many of the targets seem not to have been legitimate military targets as specified by international humanitarian law," said Sarit Michaeli of B'Tselem.

Rovera has also collected evidence that the Israeli army holds Palestinian families prisoner in their own homes as human shields. "It's standard practice for Israeli soldiers to go into a house, lock up the family in a room on the ground floor and use the rest of the house as a military base, as a sniper's position. That is the absolute textbook case of human shields.

"It has been practised by the Israeli army for many years and they are doing it again in Gaza now," she said.



http://www.guardian.co.uk/world/2009/jan/13/gaza-israel-war-crimes

I won't hold my breath as far as waiting for any significant action to be taken. Watching footage on my telly last night, of white phosphorus raining down on densely populated Gaza, just made me feel quite hopeless. I remember the US doing such a thing in Falluja, and despairing that they could get away with such horrifying use of chemical weapons. Western nations such as Israel the UK and the US seem to feel that the Geneva conventions and international law should not really apply to them. I remember a time when I thought the Geneva conventions were a great acheivement and step forward for us as a species, or at least for those nations that regarded ourselves as civilised. Kind of sad to know that in reality, it was just a lot of horseshit.
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Big_Bird



Joined: 31 Jan 2003
Location: Sometimes here sometimes there...

PostPosted: Tue Jan 13, 2009 5:15 pm    Post subject: Reply with quote

Israel may face UN court ruling on legality of Gaza conflict

Quote:
Israel faces the prospect of intervention by international courts amid growing calls that its actions in Gaza are a violation of world humanitarian and criminal law.

The UN general assembly, which is meeting this week to discuss the issue, will consider requesting an advisory opinion from the international court of justice, the Guardian has learned.

"There is a well-grounded view that both the initial attacks on Gaza and the tactics being used by Israel are serious violations of the UN charter, the Geneva conventions, international law and international humanitarian law," said Richard Falk, the UN's special rapporteur on the Palestinian territories and professor emeritus of international law at Princeton University.

"There is a consensus among independent legal experts that Israel is an occupying power and is therefore bound by the duties set out in the fourth Geneva convention," Falk added. "The arguments that Israel's blockade is a form of prohibited collective punishment, and that it is in breach of its duty to ensure the population has sufficient food and healthcare as the occupying power, are very strong."
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Kuros



Joined: 27 Apr 2004

PostPosted: Tue Jan 13, 2009 5:52 pm    Post subject: Re: On Israeli war crimes and the legality of the war in Gaz Reply with quote

Big_Bird wrote:
Watching footage on my telly last night, of white phosphorus raining down on densely populated Gaza, just made me feel quite hopeless. I remember the US doing such a thing in Falluja, and despairing that they could get away with such horrifying use of chemical weapons. Western nations such as Israel the UK and the US seem to feel that the Geneva conventions and international law should not really apply to them. I remember a time when I thought the Geneva conventions were a great acheivement and step forward for us as a species, or at least for those nations that regarded ourselves as civilised.


Chemical Weapons Convention

Quote:
[White Phosphorus] use is legal for purposes such as illumination and obscuring smoke, and the Chemical Weapons Convention does not list WP in its schedules of chemical weapons.
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Jandar



Joined: 11 Jun 2008

PostPosted: Tue Jan 13, 2009 7:05 pm    Post subject: Reply with quote

I don't see Whire Phosphorus listed in any of the chemical weapons listings.

Schedule 1
http://en.wikipedia.org/wiki/List_of_Schedule_1_substances_(CWC)

Schedule 2
http://en.wikipedia.org/wiki/List_of_Schedule_2_substances_(CWC)

Schedule 3
http://en.wikipedia.org/wiki/List_of_Schedule_3_substances_(CWC)

I see:

Phosphorus oxychloride - A colorless liquid.

Phosphorus trichloride - Another colorless liquid

Phosphorus pentachloride - Another colorless liquid

White Phosphorus is not a chemical weapon, using that term to describe white phosphorus is disingenuous.

The effects of white phosphorus is undoubtedly horrific however it is not considered a chemical weapon by the Geneva conventions.

The use of white phosphorus against anti-personnel devices landmines, IEDs and other booby-traps device have been found to most effective.
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kotakji



Joined: 23 Oct 2006

PostPosted: Wed Jan 14, 2009 11:16 am    Post subject: Reply with quote

White Phosphorous falls under the category of incendiary weapons and can be used within the constraints of protocol III to illuminate or screen. Moreover it can be used as a weapon as long as the primary target is not civilian. By the way, a military target is defined as any target:

"whose total or partial destruction, capture or neutralization in the circumstances ruling at the time offers a definite military advantage."

It should be noted that Israel is not a signatory party to protocol III anyway (nor is the US or S. Korea for that matter) and thus is not bound by it.
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wesharris



Joined: 10 Oct 2008

PostPosted: Fri Jan 16, 2009 4:25 pm    Post subject: Reply with quote

Israel is damned on both sides. So go in, kill the suckers, let God sort them out, transplant the kids, ship out the rest, and hope for peace in the long term.
-=-
Wes
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Joo Rip Gwa Rhhee



Joined: 25 May 2003

PostPosted: Fri Jan 16, 2009 4:27 pm    Post subject: Reply with quote

Big_Bird wrote:
Israel may face UN court ruling on legality of Gaza conflict

Quote:
Israel faces the prospect of intervention by international courts amid growing calls that its actions in Gaza are a violation of world humanitarian and criminal law.

The UN general assembly, which is meeting this week to discuss the issue, will consider requesting an advisory opinion from the international court of justice, the Guardian has learned.

"There is a well-grounded view that both the initial attacks on Gaza and the tactics being used by Israel are serious violations of the UN charter, the Geneva conventions, international law and international humanitarian law," said Richard Falk, the UN's special rapporteur on the Palestinian territories and professor emeritus of international law at Princeton University.

"There is a consensus among independent legal experts that Israel is an occupying power and is therefore bound by the duties set out in the fourth Geneva convention," Falk added. "The arguments that Israel's blockade is a form of prohibited collective punishment, and that it is in breach of its duty to ensure the population has sufficient food and healthcare as the occupying power, are very strong."


The UN General Assembly has no authority.

Richard Falk = 9-11 Conspiracy theorist.
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Big_Bird



Joined: 31 Jan 2003
Location: Sometimes here sometimes there...

PostPosted: Fri Jan 16, 2009 5:09 pm    Post subject: Reply with quote

Claims that Israel is using illegal bombs won't go away

Quote:
The UN's accusation that Israel used white phosphorus shells in its attack on its headquarters in Gaza was the first direct charge by an international body and, in effect, accuses the Israeli government of lying over its repeated declaration that its forces adhere to international laws in the use of arms.

The attack on the UN headquarters in Gaza City has been internationally condemned. Any proof that white phosphorus shells were used would add to the call for Israel's military forces to be charged with war crimes.

Chris Gunness, a spokesman for the United Nations Relief and Works Agency (UNRWA), claimed within hours of the attack that three such shells were responsible for injuries to three of its employees. While it is not illegal to use different types of white phosphorus shells as a tactical weapon � usually to create a smokescreen ahead of advancing troops or for illumination at night � the Geneva Treaty of 1980 specifically bans it use in densely populated areas because it can cause severe burns.


Read that last bit again folks:

Quote:
While it is not illegal to use different types of white phosphorus shells as a tactical weapon � usually to create a smokescreen ahead of advancing troops or for illumination at night � the Geneva Treaty of 1980 specifically bans it use in densely populated areas because it can cause severe burns.


Using white phosphorus in a built up area is an attrocity. I don't see how any sane person could argue otherwise. If Israel has been doing such a thing, then I hope those who authorised it will eventually be prosecuted for crimes against humanity. But I will not hold my breath.
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Joo Rip Gwa Rhhee



Joined: 25 May 2003

PostPosted: Sat Jan 17, 2009 12:04 am    Post subject: Reply with quote

Big_Bird wrote:
Claims that Israel is using illegal bombs won't go away

Quote:
The UN's accusation that Israel used white phosphorus shells in its attack on its headquarters in Gaza was the first direct charge by an international body and, in effect, accuses the Israeli government of lying over its repeated declaration that its forces adhere to international laws in the use of arms.

The attack on the UN headquarters in Gaza City has been internationally condemned. Any proof that white phosphorus shells were used would add to the call for Israel's military forces to be charged with war crimes.

Chris Gunness, a spokesman for the United Nations Relief and Works Agency (UNRWA), claimed within hours of the attack that three such shells were responsible for injuries to three of its employees. While it is not illegal to use different types of white phosphorus shells as a tactical weapon � usually to create a smokescreen ahead of advancing troops or for illumination at night � the Geneva Treaty of 1980 specifically bans it use in densely populated areas because it can cause severe burns.


Read that last bit again folks:

Quote:
While it is not illegal to use different types of white phosphorus shells as a tactical weapon � usually to create a smokescreen ahead of advancing troops or for illumination at night � the Geneva Treaty of 1980 specifically bans it use in densely populated areas because it can cause severe burns.


Using white phosphorus in a built up area is an attrocity. I don't see how any sane person could argue otherwise. If Israel has been doing such a thing, then I hope those who authorised it will eventually be prosecuted for crimes against humanity. But I will not hold my breath.



How about now?


Quote:
ICRC: Israel's use of white phosphorus not illegal
By BRADLEY S. KLAPPER, Associated Press Writer Bradley S. Klapper, Associated Press Writer
Tue Jan 13, 2:45 pm ET

GENEVA � The international Red Cross said Tuesday that Israel has fired white phosphorus shells in its offensive in the Gaza Strip, but has no evidence to suggest it is being used improperly or illegally.

The comments came after a human rights organization accused the Jewish state of using the incendiary agent, which ignites when it strikes the skin and burns straight through or until it is cut off from oxygen. It can cause horrific injuries.

The International Committee of the Red Cross urged Israel to exercise "extreme caution" in using the incendiary agent, which is used to illuminate targets at night or create a smoke screen for day attacks, said Peter Herby, the head of the organization's mines-arms unit.

"In some of the strikes in Gaza it's pretty clear that phosphorus was used," Herby told The Associated Press. "But it's not very unusual to use phosphorus to create smoke or illuminate a target. We have no evidence to suggest it's being used in any other way."

In response, the Israeli military said Tuesday that it "wishes to reiterate that it uses weapons in compliance with international law, while strictly observing that they be used in accordance with the type of combat and its characteristics."

Herby said that using phosphorus to illuminate a target or create smoke is legitimate under international law, and that there was no evidence the Jewish state was intentionally using phosphorus in a questionable way, such as burning down buildings or consciously putting civilians at risk

However, Herby said evidence is still limited because of the difficulties of gaining access to Gaza, where Palestinian health officials say more than 900 people have been killed and 4,250 wounded since Israel launched its offensive late last month. Israel says the operation aims to halt years of Palestinian rocket attacks over the border.

Human Rights Watch has accused Israel of firing phosphorous shells and warned of the possibilities of extreme fire and civilian injuries. The chemical is suspected in the cases of 10 burn victims who had skin peeling off their faces and bodies.

White phosphorus is not considered a chemical weapon.


Copyright � 2009 The Associated Press. All rights reserved. The information contained in the AP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of The Associated Press.


http://news.yahoo.com/s/ap/20090113/ap_on_re_eu/eu_red_cross_white_phosphorus/print
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NAVFC



Joined: 10 May 2006

PostPosted: Sat Jan 17, 2009 4:28 am    Post subject: Reply with quote

Heh. Why am I not surprised that most of the posters in this thead accusing Isael of war crimes, given thee threads have no clue wha they are talking about from a legalistic or military point of view?

Using tank shells in civilian ares a war crime? I think Not. There is no restriction to which weapons can be used in which areas as long as you are targetting enemies and so forth.
In reality Hamas is guilty of a war crime by using said areas as military staging grounds. Under international law, if you start using human shields and placing your assetts in civilian areas and so forth, deliberately as Hamas has done, then you, the group who put them there are held legally responsible for the deaths of the civilians, NOT the attacking army.

As far as destroying certain structures, such as Mosques, Hospitals, etc.

Normally in war such facilities are immune and precluded from attack, however under the laws of war such facilities lose their protection if used for purposes of the enemy.. like putting Anti Air craft cannons in mosques:

http://www.youtube.com/watch?v=2Zd55Zhj5gQ&feature=channel_page

or firing from schools:
http://www.youtube.com/watch?v=UN9WzUc7iB0&feature=channel_page

and so forth.

As far as the "police" who had no military role. Unlike a normal government or principality where in justice, executive, nd judicial powers might be divided up into 3 or more parts. Hamas is Hamas.
If at war with Hamas, Israel would be pemitted to target Hamas assetts to gain a distinct military advantage.


Furthermore alot of people seem not to read much up on the History of war. People are acting as if Gaza were a massacre.

Gaza is a very population DENSE area, yet in 3 weeks of aerial and ground bombardment, there has been less then 1000 CIVILIAN casualties, adding in Hamas causulties and that number rises slightly above a 1000.
In 3 weeks, in a densely populated area.
Looking back on wars, even as recent as the Operation Iraqi Freedom war, that is a very very very low number given the population density, the location of the targets, and so forth.

Another thing that has become apparent to me, is when ever any other nation besides Israel goes to war the media coverage is diffeent. In the beginning of the Iraq war for instance you turn on the TV and they are bringing you live coverage of the bombing. Bringing on military correspondece to talk about the weapons being used, about the military tactics, about the war plan. TV specials on military equipmentand weapons and so forth.
Or even when Russia invaded SOuth Ossetia, it was constant updates on how far they were from this city or that city, or where the latest goergian v russian troop skirmih was, or how close they were to a deal to end the figting and so forth.
Or when Ethiopia invaded Somalia to dislodge the Islamic Government who took over, it was how far they were from MogaDishu, how many militants were dead, etc etc a totally different slant
Yet when ever Israel goes to war the nature of the coverage changes. It is almost a daily update on civilian casualties. A day by day tally. Pictures of destruction are shown. Crying Palestines screaming at the camera. Day after Day after Day after Day. and thats what it is.
You migh havesome discussion about how far ISraeli troops advanced into where, or if some senior Leader of the eemy gets illed that will be mentioned, but for the most part the news coverage seems to be
"Look at these Israeli monsters! look at the damage and death!"
etc.
and its funny because the world doesnt seem to care until Israel goes to war.
In 2008 alone thousands of rockets were fired into Israel by Hamas, until the temporary ceasefire. Then after that, 300 rockets landed in Israel before the Gaza offensive. But there was no international protest, the UN didnt seem to care, the other Arab nations, including Egypt, could have cared less. But even on the first day of aerial bombing, before a tally on the civilian death toll had even started, the UN and the entire arab region started calling what Israe did agression, they are in the wrong, etc etc.

And of course Hamas will cite the blockade as the reason, but what they dont tell you is that ISNT wha strted the attacks. Hamas had been attacking Isael long before the blockade, and indeed that blockade had been put in place to keep out suicide bombers, and pressure Hamas into giving up there terrorism tactics. In a war a blockade is a lawful measure, an Hamas and Israel, in reality have been at war long before this latest conflict ever began.
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NAVFC



Joined: 10 May 2006

PostPosted: Sat Jan 17, 2009 4:45 am    Post subject: Reply with quote

another issue I wantedto comment on from the Military/Legalistic point of view was the doctrine of proportionality which people have been throwing around in the media and discussion like it were the school tramp.

People have been, and mistakenly so, attempting to quantify and justify a war based on proportionality in which they arbitrarily assign certain strengths to certain variables, mainly the number killed.
This whole doctrine of proportional warfare, in the way the media spins it is a buzzword that comes out when ever Israel goes to war.
Andits blatanly false. The idea that a nation would be required to sustain constant rocket fire because enough people hadnt died is ludicrious.
The rocket fire includes variables which people can not possibly qauntify such as the un ease and so forth felt by the southern Israeli population.
There is no magic death toll # by which a nation is justified in defending itself, there is no number that must be reached before a nation can legally say enough. ALl that is required, legally, is that a continuin threat exists to that nation and they want to act to removie it

What the proportionality clauses in int'l law of war refers to is not casualty numbers or so forth, but the proportion of force used to carry out a military objective.
If for instance I was at war with you, and I wanted to bomb your Intelligence Head Quarters, and it was say smack dab in the middle of down town - lots of civilians, but I hae weapon capable of a pin point strike on the facility, that would destroy it, then I am required to employ it.
I could not legally say, carpet bomb the entire area to destroy your intelligence HQ when I can pin point it because it exceeds the PROPORTION of force required to carry out the objective, and in doing so needlessly indangers the civilian population around your intelligence Head Quarters.
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bacasper



Joined: 26 Mar 2007

PostPosted: Sat Jan 17, 2009 5:21 am    Post subject: Reply with quote

NAVFC wrote:
As far as destroying certain structures, such as Mosques, Hospitals, etc.

Normally in war such facilities are immune and precluded from attack, however under the laws of war such facilities lose their protection if used for purposes of the enemy.. like putting Anti Air craft cannons in mosques:

http://www.youtube.com/watch?v=2Zd55Zhj5gQ&feature=channel_page

or firing from schools:
http://www.youtube.com/watch?v=UN9WzUc7iB0&feature=channel_page

and so forth.

The Israelis bombed UN headquarters in Gaza. Did the UN allow Hamas to put anti-aircraft guns in there?

How is it that Israel is allowed to get away with even this?
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NAVFC



Joined: 10 May 2006

PostPosted: Sat Jan 17, 2009 5:44 am    Post subject: Reply with quote

bacasper wrote:
NAVFC wrote:
As far as destroying certain structures, such as Mosques, Hospitals, etc.

Normally in war such facilities are immune and precluded from attack, however under the laws of war such facilities lose their protection if used for purposes of the enemy.. like putting Anti Air craft cannons in mosques:

http://www.youtube.com/watch?v=2Zd55Zhj5gQ&feature=channel_page

or firing from schools:
http://www.youtube.com/watch?v=UN9WzUc7iB0&feature=channel_page

and so forth.

The Israelis bombed UN headquarters in Gaza. Did the UN allow Hamas to put anti-aircraft guns in there?

How is it that Israel is allowed to get away with even this?


In that case , in order to indict anyone in Israel on war crimes or so forth you must prove a few things
1. Israel attacked the building (already proven)
2. The attack On that particualr building was intentional
3. That the Israelis knew, that there was nothing there of any threat. No enemy no nothing/
4. And that despite #3 they chose to attack it , full knowing well that destroying said facility did not give any military advantage and was not threatening.

All Israel has to do, speaking from a purely LEGALISTIC point of view,
has to do to rebut them is prove that either A:
They had a reasonable belief that a threat came from the building or an area. Remember this is a warzone, with gun fire exchanges all over and fast paced combat and responses. The tempo is very high. Even the most disciplined soldiers are bound to make mistakes and fire in the wrong area, or in a area which they beleived the threat came from, but did not. so option A is proving they believed a threat came from the area when it did not. Its easy for people as civilians to criticize them for this, but in reality mistakes and wrong things getting hit has happened in every modern war humanity has ever fought ( I say modern because in ancient warfare massacres and such forth were common practice, because in ancient warfare if you were at war with someone, then them and all their people, military or no, were considered the enemy)
because the tension is so high. Relegating such faults to, and hypoerfocusing on Israel for not being 100 percent perfect never hits a wrong target ever war fighters is just plane nonsense. With respect to the UN, youve got ttrucks and people and staff and building literally smack dab right in the middle of a war zone. Risk is to be expected.
Another point to bring in here is that the shell that did the damage was fired from a distance a way. It is not as if they had the UN HQ in plane view.
Option B legally, for a defense is proving that yes you did fire, and yes you did hit the building, but it was a mistake.
This would be even easier to claim given the area the war is in and the heavy UN Involvement in said area, in which the UN relief HQ is literally smack dab in the middle of a war zone.
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Summer Wine



Joined: 20 Mar 2005
Location: Next to a River

PostPosted: Sun Jan 18, 2009 7:54 pm    Post subject: Reply with quote

You made some very good points NAVFC.
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Kuros



Joined: 27 Apr 2004

PostPosted: Sun Jan 18, 2009 10:08 pm    Post subject: Reply with quote

NAVFC wrote:
bacasper wrote:
NAVFC wrote:
As far as destroying certain structures, such as Mosques, Hospitals, etc.

Normally in war such facilities are immune and precluded from attack, however under the laws of war such facilities lose their protection if used for purposes of the enemy.. like putting Anti Air craft cannons in mosques:

http://www.youtube.com/watch?v=2Zd55Zhj5gQ&feature=channel_page

or firing from schools:
http://www.youtube.com/watch?v=UN9WzUc7iB0&feature=channel_page

and so forth.

The Israelis bombed UN headquarters in Gaza. Did the UN allow Hamas to put anti-aircraft guns in there?

How is it that Israel is allowed to get away with even this?


In that case , in order to indict anyone in Israel on war crimes or so forth you must prove a few things
1. Israel attacked the building (already proven)
2. The attack On that particualr building was intentional
3. That the Israelis knew, that there was nothing there of any threat. No enemy no nothing/
4. And that despite #3 they chose to attack it , full knowing well that destroying said facility did not give any military advantage and was not threatening.

All Israel has to do, speaking from a purely LEGALISTIC point of view,
has to do to rebut them is prove that either A:
They had a reasonable belief that a threat came from the building or an area. Remember this is a warzone, with gun fire exchanges all over and fast paced combat and responses. The tempo is very high. Even the most disciplined soldiers are bound to make mistakes and fire in the wrong area, or in a area which they beleived the threat came from, but did not. so option A is proving they believed a threat came from the area when it did not. Its easy for people as civilians to criticize them for this, but in reality mistakes and wrong things getting hit has happened in every modern war humanity has ever fought ( I say modern because in ancient warfare massacres and such forth were common practice, because in ancient warfare if you were at war with someone, then them and all their people, military or no, were considered the enemy)
because the tension is so high. Relegating such faults to, and hypoerfocusing on Israel for not being 100 percent perfect never hits a wrong target ever war fighters is just plane nonsense. With respect to the UN, youve got ttrucks and people and staff and building literally smack dab right in the middle of a war zone. Risk is to be expected.
Another point to bring in here is that the shell that did the damage was fired from a distance a way. It is not as if they had the UN HQ in plane view.
Option B legally, for a defense is proving that yes you did fire, and yes you did hit the building, but it was a mistake.
This would be even easier to claim given the area the war is in and the heavy UN Involvement in said area, in which the UN relief HQ is literally smack dab in the middle of a war zone.


Where are you getting these elements for establishing a war crime?
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