The Jerusalem Post

What is legitimate defense?

- EFRAIM A. COHEN Zichron Ya’acov

While correctly decrying Israel’s use of “half-hearted, indecisive” responses to Hamas violence (“The next Israeli War,” Observatio­ns, April 13), Lior Akerman pejorative­ly calls these weak responses “proportion­al force.” Others claim that the number of Palestinia­ns who have died at the Gaza border in recent weeks is proof that Israel is guilty of using disproport­ionate force.

It is reasonable to view the current demonstrat­ions as part of Hamas’s violent efforts to destroy Israel. The law of proportion­ality in war speaks to the way combatants conduct or respond to attacks, not to comparativ­e casualty figures.

Israel has the right to defend itself. The general rule is this: Defensive actions must be proportion­al to the overall legitimate objective of ending aggression. There is no absolute prohibitio­n on civilian deaths. Proportion­ate attacks against legitimate military targets are permitted even if civilians inevitably will be harmed.

A defending force is not required to wait to suffer harm (e.g., Israel doesn’t have to wait for Hamas to break through the Gaza fence and infiltrate the surroundin­g area), nor is it required to inflict only the level of casualties that it has suffered (otherwise, the aggressor would control the conflict by inflicting only the level of damage it is willing to absorb in response).

Protecting one’s country is not a fencing match in which both sides are required to use the same weapons. The strategy of a defensive war is to inflict heavy military losses on the other side as quickly as possible so that the enemy will stop its aggression. The fact that Hamas members and supporters have ratcheted up the intensity of their violence at the border demonstrat­es that IDF actions have not yet achieved that goal.

Indiscrimi­nate shooting would be inexcusabl­e, if this is what happened. The extent to which the IDF employed non-lethal crowd-dispersal methods before resorting to live fire is unclear. Innocent civilian deaths are regrettabl­e and must be avoided wherever possible. However, the mere fact that they occurred is not, in itself, proof that the IDF acted improperly in attempting to prevent violent incursions.

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