Thread by @MarkGoldfeder

Dear @AOC and friends:
You don't understand the first thing about international law, but that doesn't stop you from spreading your ignorance. Here is a quick primer on the Law of Armed Conflict to explain why you and @Ilhan are incredibly, dangerously, wrong as usual:

https://twitter.com/AOC/status/1712219281872544114

@AOC @Ilhan The central feature of the LOAC is to prevent unnecessary casualties and protect innocent civilians. It does this (primarily) through the application of three fundamental principles: distinction, military necessity, and proportionality.

Stay with me.

@AOC @Ilhan The principle of distinction requires that “[T]he parties to the conflict must at all times distinguish between civilians and combatants. Attacks may only be directed against combatants. Attacks must not be directed against civilians.”

@AOC @Ilhan Of course, Hamas does not do that. And yet, per experts monitoring the situation, “[t]here are no reliable reports that the Israel Defense Forces (IDF) have intentionally targeted civilians.”

.lieber.westpoint.edu/legal-context-…

@AOC @Ilhan That does not mean Israel is not responding to Hamas, nor does it mean that there will not be additional tragic loss of innocent life as a result of that response.

Which brings us to the next principle.

@AOC @Ilhan The principle of military necessity permits “measures which are actually necessary to accomplish a legitimate military purpose and are not otherwise prohibited by international humanitarian law.”

@AOC @Ilhan You are simply ignorant when you claim that blockades are always war crime.
casebook.icrc.org/a_to_z/glossar…

@AOC @Ilhan Of course siege law does have humanitarian aspects- including facilitating the passage of food and medicine by third parties IF and only IF they can be reliably delivered without diversion to the enemy.

@AOC @Ilhan As actual experts have explained, "Both the Geneva and Hague conventions include instructions on conducting sieges under international law... The basic rule they outline: Sieges are lawful unless deliberately aimed at starving the local population...

@AOC @Ilhan Israel’s aims, repeatedly stated, are to defeat Hamas terrorists by depriving them of resources and to rescue hostages."
nypost.com/2023/10/11/isr…

@AOC @Ilhan That does not mean there are no limits to what Israel can and should do.
The International Committee of the Red Cross notes that, almost by definition “Military necessity generally runs counter to humanitarian exigencies...

@AOC @Ilhan Consequently the purpose of humanitarian law is to strike a balance between military necessity and humanitarian exigencies.”

That balance is generally struck by operation of the third fundamental principle, the principle of proportionality.

@AOC @Ilhan The principle of proportionality forbids attacks in which the expected incidental loss of civilian life, injury to civilians, damage to civilian objects, or any combination thereof, would be excessive in relation to the anticipated military advantage gained.

@AOC @Ilhan Proportionality is not about revenge or punishment, i.e. it is not about striking back against your enemy in proportion to how hard you were hit.

@AOC @Ilhan Nor is it a comparison of capabilities that tries to balance weaponry or technological ability, nor is it an effects-based relative comparison that looks at the amount of damage, or the number of dead bodies, on both sides.

@AOC @Ilhan That fundamentally wrong assumption is presumably why you don't like Israel having the purely defensive Iron Dome, and it is also one of the reasons why Hamas continues to engage in the use of human shields...

@AOC @Ilhan to artificially widen the asymmetry, (but not the legal proportionality) gap between the sides.

So that is what proportionality is NOT. Here is what is actually means:

@AOC @Ilhan Proportionality is a prospective analysis that legally permits the risk of collateral damage necessary to achieve a just military objective. The greater the objective, the greater the extent of permitted risk of incidental damage or even, God forbid, death.

Got it?

@AOC @Ilhan Currently, Israel's legitimate military purpose is to wipe out Hamas, a genocidal terrorist organization that indiscriminately kills both Israeli and Palestinian men, women, and children.

@AOC @Ilhan Aside from the standard LOAC principles of self-defense, under the Convention on the Prevention and Punishment of the Crime of Genocide, Israel has an affirmative obligation on behalf of the international community to prevent and punish genocide.

@AOC @Ilhan Saving millions of lives from terrorists is an overwhelmingly necessary and just military objective. Even if those lives are Jewish!

@AOC @Ilhan Of course, Israel should still do everything it can to minimize casualties, which is why the IDF takes important measures, including warning civilians to leave endangered areas before attacks.

@AOC @Ilhan This task is obviously made more difficult by Hamas hiding munition stores in hospitals and schools. (A corollary to the principle of distinction requires that combatants “distinguish themselves from the civilian population" which Hamas, of course, does not.)

@AOC @Ilhan The Geneva Conventions prohibit armed reprisals that intentionally inflict collective punishment against civilian populations as well as the targeting of nonmilitary targets. Israel has done nothing of the sort.

@AOC @Ilhan That does not mean that innocent people will not tragically suffer.

But it does mean that any and all unavoidable loss of life or collateral damage as Israel pursues its just objective is entirely on Hamas’ account.

@AOC @Ilhan Also important to note- since 2005 Israel has had zero responsibility to support the people of Gaza. But if you are genuinely curious:

@AOC @Ilhan In terms of water, "There are three sources of water in Gaza: 92% of the water is secured from the aquifer, 6% is purchased from Israel and 2% through sea water desalination."
al-monitor.com/originals/2021…

@AOC @Ilhan If you look very closely and carefully at a map, you will also see that (surprise!) Gaza is not completely surrounded by Israel. In fact it shares a border with Egypt. Egypt is discussing plans to send aid and food over that border.
reuters.com/world/egypt-di…

@AOC @Ilhan Before you ask (or repost another talking point) Israel also has no obligation to provide electricity to Gaza.

@AOC @Ilhan Electricity is vital to Hamas' continued attacks against Israel. Just so you understand, there is no provision in the LOAC which says you must keep handing your enemy more bullets "so it's fair."

@AOC @Ilhan To review- a proportional targeted response is not collective punishment, and you are not qualified to opine on this situation. But you already knew that:

https://twitter.com/i/status/1441885486830608386

@AOC @Ilhan Now, hopefully, so does everyone else.

Do better.