Gaza has been burnt to the ground

[Celerity]

204. that stance would perhaps end with you up on trial for war crimes if you were the supreme commander of a nation

and put that posture into play on a kinetic basis

you said:

I believe retaliation in an unprovoked war has no guardrails..

A central notion under international humanitarian law is the principle of proportionality: even if an attack is allowed, it must not be excessive in relation to the expected military advantage.

https://www.diakonia.se/ihl/resources/international-humanitarian-law/ihl-principle-proportionality/

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. This is one of the most difficult rules of international humanitarian law (IHL) to apply as it requires a balance between two factors with little relevance to each other.

The principle of proportionality is also recognised as customary international law in Rule 14 of the ICRC study on customary international law.



The rule does accept that some civilian harm may be acceptable but it must be carefully weighed up against the military advantage to be gained. The rule of proportionality is the relevant rule whenever people talk of ‘collateral damage’. Even if the principle of proportionality is adhered to, the warring parties must still abide by rules on precautions in attack.

Article 51 - Protection of the civilian population

https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51

1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

(a) those which are not directed at a specific military objective;

(b) those which employ a method or means of combat which cannot be directed at a specific military objective; or

(c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol;

and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be considered as indiscriminate:

(a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and

(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

6. Attacks against the civilian population or civilians by way of reprisals are prohibited.

7. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

8. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57 .