Bainbridge on Just War Doctrine and Israel
Jul-18-06 06:40 pm
My good friend Steve Bainbridge has an outstanding post in TCS. Entitled Just War for the Sake of Argument,
Bainbridge analyzes Israel's use of force against Lebanon using just war doctrine. For the sake of argument, he assumes that Israel meets the criteria of the jus ad bellum-- the norms relating to the recourse to force-- and then goes on to explore Israel's actions from the perspective of the jus in bello-- the norms concerning the conduct of hostilities.
Bainbridge's conclusion: Israel may be failing to comply with the jus in bello by using force disproportionately and by intentionally targeting civilians. He notes:
Based on my reading of the facts, I believe that Bainbridge is correct in his analysis. And -- to reinforce Steve's point-- if Israel were to continue with these actions, Israel would also be on the brink of violating positive international law dealing with armed conflict, as well as just war doctrine.
About the editor:
Commentary and analysis at the intersection of international law and politics.
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