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Israel's Right

A couple Washington lawyers discuss Israel's right to fight in the Houston Chronicle:

Unfortunately, heavy civilian casualties are the inherent and inevitable result of the type of asymmetric warfare deliberately waged by Hezbollah and similar groups. They intentionally operate from civilian areas, both to protect their military capabilities from attack and to increase civilian deaths, which can then be trumpeted for propaganda purposes. But the presence of a large civilian population does not immunize Hezbollah or Hamas forces from attack. Responsibility for any additional civilian casualties must be attributed to those groups, not to Israel. The adoption of any other rule would encourage the illegal behavior of such "unlawful" combatants, which would result in more danger to civilians in the future.

Israel may legally seek victory in Lebanon, even if it requires a combination of ground and air operations, takes weeks to accomplish and results in civilian casualties. It is under no obligation to agree to an early cease-fire unless the terms of that agreement would vindicate its legitimate war aims: the security of its population from attack.

The legal rights Israel is exercising to defend itself are the very same legal rights on which the United States must rely in the war on terrorism. Attempts to revise the traditional laws of war — moving toward a law-enforcement paradigm — so that law-abiding states cannot effectively protect their populations from attack or even defend their territory from armed incursion are not humanitarian advances. They simply make the world safer for those who reject any notion of law in war.

Therefore I urge Israel not to exercise restraint, but to exorcize Hezbollah.

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