IL - 6 - Legitimacy, perfidy

Question 1

whats the main thing about JUS IN BELLO

Answer 1

Prevent unnecessary pain or suffering

Question 2

what is LEX SPECIALIS?

Answer 2

The doctrine states that where two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law which only governs general matters (lex generalis

Question 3

what does lex specialis have to do with HR?

Answer 3

doesnt matter what happens HR is before rules of war

Question 4

what is the pilot case?

Answer 4

if he is HORS DE COMBAT then he is not going to fight there fore shooting at his is not legitimate, even if he is on his home territory and tomorrow he will fly another plane.
Egypt fought for this law….
paratroopers are legitimate when they hit the ground.

Question 5

who else is not a legitimate target?

Answer 5

hevre kedusha with symbol on their back.
civilians
political assassination is OK if the leader is head or the military forces, IE Churchill or hitler

Question 6

what is in il public military manual?

Answer 6

the geneva convention, thus any soldier who breaks it goes straight to prison.

US and UK have very strict laws as well…

Question 7

in the blowing us syrian vans case. what is to be said?

Answer 7

because it is not the beginning of an armed attack, but a type of self defense and legitimate proportionally, this is a fault of the article 51. this is the problem whilst allowing too many treaties.

Question 8

what is example of IL legitimate targets

Answer 8

Legitimate target if they make an effective contribution to military action and destroying them offers a definite military advantage
• Army installations
• Arms factories
• But also, heavy industry, civilian roads, railways, ports, bridges, oil depots where they are used by armies
• Non legitimate targets

Question 9

non legitimate targets?

Answer 9

 Civilian houses
 Schools, hospitals
 Civilian non-strategic factories
 Dams (forced by Egypt in 73 UK did it in wwii)
 Nuclear Power stations
• Civilian objects lose their immunity if used for military purposes

Question 10

what about chief scientist who invents bombs?

Answer 10

legitimate because it it directly military

Question 11

hospital used to shield human troops and with military base below it?

Answer 11

is legitimate
idiot Israelis didn’t blow the place up

however proportionate?

Question 12

was UK bombing gr legitimate?

Answer 12

yes because GR didn’t want to stop bombing.

Question 13

rules af war applies to every one?

where is it?

Answer 13

yes including poor and weak,

cannot hi illegitimate target, Hezbollah cannot hit random things because it is weak

1977 protocol 1 of Geneva convention

Question 14

what is hiding undercover called?

Answer 14

perfidious behaviour

deliberate breach of faith

Question 15

what is it not?

Answer 15

Distinguished from ruse

not allowed to dress like a nun or priest, but allowed to dress like a tree
because nun and pregnant old lady are immune to war, whereas trees are not.

Question 16

what about broadcasting?

Answer 16

not allowed to broadcast perfidiously and pretend to be calling for surrender.

Question 17

whats the SABENA CASE

Answer 17

(such a bloody experience never again)
Belgium airline, Barak and Bibi pretended to be negotiators and then killed all the terrorists,
red cross were upset with il for being perfidious, antisemitic assholes.

Question 18

what about targeted killings?

Answer 18

very political, many say it it extra Judaical killing and therefore it is illegal. no trial so it is illegal.
however
if the target it a military threat is it self defense? must differentiate between civilian and combatant. so is it helping war effort.
any one in enemy arms forces is legitimate.
absolute necessity makes it OK

Question 19

Intelligence gathering and sabotage?

Answer 19

not a violation of the laws of war?

Question 20

whats the general rule of proportionality?

Answer 20

you can hit base with civilians but you cant hit civilian arena with soldiers.

Question 21

what about hard cases like a missile depot near school?

alternatives?

Answer 21

is a country obliged to buy expensive bombs?

drones are probably the most proportionate weapons system

Question 22

is civilian loss a war crime?

Answer 22

yes if intentional wreck-less and negligent. but if civilian casualties are not option

Question 23

what weapons are illegal?

examples 4

Answer 23

the ones that cause unnecessary pain and suffering
1 poison in arrow or exploding bullet. biological and poisonous gasses.
2 land mine where shrapnel can be seen with x-ray
3 antipersonnel mine can kill farmer 30 years later
4 lasers cant be used to blind, but to locate.

Question 24

what about weapon size?

Answer 24

no prohibition on nuclear weapons they are indiscriminate and can be put into artillery shells.