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Comment by nahumfarchi

Proportionality is at the center of defining a war crime.

"The principle of proportionality (Article 51(5) (b) API) states that even if there is a clear military target it is not possible to attack it if the expected harm to civilians, or civilian property, is excessive in relation to the expected military advantage."

https://www.diakonia.se/ihl/resources/international-humanita...

So, the case that Israel has to make here is that the expected millitary advantage from the operation exceeds the collateral damage. The fact that civilians died doesn't automatically make it a war crime from an international law point of view.

parent nahumfarchi 2 years ago

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