Once again, in warfare between Israel and its neighbors, Israel’s critics note the many more dead and wounded among the Jewish state’s adversaries than among Israelis and attack Israel for disproportionate use of force. While photos of dead and wounded civilians, or of non-combatants desperately fleeing fighting around their homes, should elicit everyone’s sympathy, the translating of that sympathy into a “proportionality” argument with which to beat Israel is less an expression of humane sensitivity to the plight of innocent victims than a display of sanctimonious depravity.
International law includes a concept of proportionality as it applies to warfare. Intentionally targeting civilians constitutes not simply a criminal act but a crime against humanity. It is also considered a crime to attack a military target when it is clear that the likely incidental civilian injuries and deaths will be disproportionate to any likely military advantage to be gained as a result of the attack.
Consider the nature of the conflict between Hamas and Israel. Hamas is explicit in its genocidal intent, stating in its charter and in myriad declarations by its representatives that its goal is not only the annihilation of Israel but the slaughter of all Jews. It makes clear that it has zero interest in the establishment of a Palestinian state living peacefully alongside Israel.
Apologists for Hamas’s Gaza regime claim that Israel, by blocking open access to Gaza, has, in effect, created an open-air prison in which Gazans suffer constant deprivation and so the organization has the right to try to break the Israeli siege. But from the time that Israel pulled all its citizens and troops out of Gaza, in 2005, the Palestinian leadership in the territory has pursued rocket attacks into Israel, and those attacks only escalated after Hamas seized control of Gaza in 2007. To the degree that Israel has limited access to Gaza, it has done so in response to these incessant bombardments and other assaults. In addition, its doing so is consistent with international law regarding states of belligerency and, for example, the United Nations has upheld the legitimacy of Israel’s naval blockade of Gaza.
Moreover, the Israeli “siege” is typically overstated as totally cutting off Gaza from the wider world. In fact, one of Gaza’s borders is controlled by Egypt, not Israel. Further, huge amounts of goods enter Gaza on an almost daily basis from Israel and many Gazans cross back and forth between Gaza and Israel. Even during the current war, Israel continues to supply electricity and water to Gaza and continues to allow the daily passage of tons of goods, including food and medicine, into Hamas-controlled territory.
Also noteworthy is that Israel not only fully withdrew from the territory but left behind assets that could have contributed to Gaza establishing itself on a sound economic foundation. With the extensive financial support poured into Gaza by the international community, it could have become a Middle East Hong Kong or Singapore.