The existing and escalating conflict between Israel and Hamas has led to a complex set of legal questions around the execution of the Law of Armed Conflict (LOAC). One of the most imposing criticisms levelled against Israel is that its operations in Gaza are being marked as “disproportional”. This is substantiated by the claim that there have been over 15,000 Palestinian civilian casualties, amongst which a substantial number are women and children.
As per legal experts, the concept of proportionality in LOAC manifests in two separate contexts. The first context necessitates countries to exercise their right of self-defence only in a way which is proportional to the attack they are aiming to neutralise, known as the Proportional Use of Force. The second context bans the launch of any specific attack which could potentially cause excessive civilian losses. These are commonly referred to as the Principles of Proportionality in the Law of Armed Conflict.
The ongoing conflict’s multitude of legal implications, as per Prof. Amichai Cohen, an Israeli expert, not only demand a comprehensive understanding of LOAC but also necessitate stating the laws clearly and precisely. This is crucial for the legal practitioners in order for them to provide thorough debate and exert influence on the conflict’s resolution.
For further reading, here is the link to the in-depth analysis: Proportionality in Armed Conflict: How to Assess, and Who Decides