Interviews
by Mark Dennis
Three
major issues emerge from the interviews, all of which hinge on the
dynamic of the clashes.
- Proportionality:
Is the strength of Israel's military response justified in the
face of the Palestinian actions?
- Identifying
combatants: Who on the Palestinian side is using deadly force
and are they intermingling with civilians, thereby exposing them
to Israel's response?
- Collective
Punishment: Are Israel's blockades of Palestinian population centers
justified for security reasons, or a form of collective punishment?
To
keep the interviews focused, we concentrated only on the current
clashes, although they cannot be viewed in a legal vacuum. Indeed,
the Israeli-Palestinian conflict is rooted in international law.
Israel was born out of a United Nations declaration and the Palestinians
base their claims for statehood on UN resolutions. Both sides argue
their positions by pointing to treaties and agreements dating back
to World War I. To present a diverse set of voices and information,
we have not limited these interviews to lawyers, although prominent
specialists in international law provide the core legal analysis.
The
opinions presented are those of the individuals and not of their
institutions nor the Crimes of War Project.
The
Experts
Steven
Ratner
argues that the current clashes amount to a civil armed conflict
and that therefore, Protocol II of the Geneva Conventions, which
deals with civil conflict is the most relevant aspect of international
law. He points out that the law prohibits the targeting of civilians,
something that both sides have been accused of doing, and the use
of proportionate force, which the Israelis have been accused of
doing. Further complicating the conflict are armed Israeli settlers,
who Ratner says are the equivalent of paramilitaries.
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Photo:
Ilkka Uimonen / Gamma Press
Israeli soldier shoots at Palestinian protesters in Ramallah.
Sept. 30, 2000
Click here for
larger photo. |
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