Tegengesteld aan wat veel critici van Israel ons voorhouden, spelen ethische overwegingen en het internationale recht een grote rol bij de acties van het Israelische leger, en beperken het in haar optreden.
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Defense Ministry's Legal Adviser Ahaz Ben-Ari limits IDF response to Gaza rocket fire
Defense Ministry's Legal Adviser Ahaz Ben-Ari limits IDF response to Gaza rocket fire
Dr. Aaron Lerner
Date: 8 December 2008
Yediot Achronot correspondents Yossi Yehoshua, Tzvi Singer and Matan Tzuri report in today's edition that the Defense Ministry's Legal Adviser Ahaz Ben-Ari has issued a legal opinion according to which artillery fire towards open areas in response to Gaza rocket attackers is permitted but not built up areas.
"International law does not give a blanket restriction against artillery fire towards military targets in the Gaza Strip,," Ben-Ari wrote, "however in light of the fact that the degree of accuracy of artillery fire is very low, and the level of damage is relatively great, artillery fire can only be carried out towards relatively open areas, if the assessment is that as a result the launchers will be damaged and the launches from those areas will be stopped or reduced, and this without an exaggerated amount of damage to civilians who might be in the area."
If there are repeated launches from a built up area, "it is possible to increase the response such that the residents of that same area are given a warning of the intention to respond to fire with the recommendation that they leave the area within a reasonable period of time...In any event, carpet bombing is prohibited even if the population evacuates the area and this in order to prevent the certain destruction of the property of civilians."
"International law does not give a blanket restriction against artillery fire towards military targets in the Gaza Strip,," Ben-Ari wrote, "however in light of the fact that the degree of accuracy of artillery fire is very low, and the level of damage is relatively great, artillery fire can only be carried out towards relatively open areas, if the assessment is that as a result the launchers will be damaged and the launches from those areas will be stopped or reduced, and this without an exaggerated amount of damage to civilians who might be in the area."
If there are repeated launches from a built up area, "it is possible to increase the response such that the residents of that same area are given a warning of the intention to respond to fire with the recommendation that they leave the area within a reasonable period of time...In any event, carpet bombing is prohibited even if the population evacuates the area and this in order to prevent the certain destruction of the property of civilians."
Dr. Aaron Lerner, Director IMRA (Independent Media Review & Analysis)
(Mail POB 982 Kfar Sava)
Website: http://www.imra.org.il
(Mail POB 982 Kfar Sava)
Website: http://www.imra.org.il
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