Fighting terrorism does not justify killing civilians in Gaza | Ben Saul | Expert Witness

Summary

Professor Saul, UN Special Reporter on Counter-Terrorism and Human Rights, and Chair of International Law at the University of Sydney, discusses the complex legal framework surrounding counter-terrorism efforts. He emphasizes that international law, including humanitarian and human rights law, requires all nations to respect the rules of war, even when combating terrorism or responding to violations by terrorist groups. Saul outlines key principles, including proportionality, the protection of civilians, and the requirement for states to take feasible precautions to minimize harm to non-combatants during conflict, highlighting the importance of ensuring that military actions are both necessary and justified.

Takeaways

• 😀 Every country must respect international law, including International Humanitarian Law (IHL), International Human Rights Law (IHRL), and the prohibition on the use of force, even in counter-terrorism efforts.
• 😀 Fighting terrorism or waging war for national survival does not justify breaking international legal rules, especially when responding to terrorist groups that commit war crimes.
• 😀 International Humanitarian Law (IHL) regulates the conduct of warfare to ensure that civilian lives, prisoners, medical professionals, and humanitarian aid are protected during armed conflicts.
• 😀 The principle of proportionality under IHL states that military actions causing civilian casualties must not be excessive compared to the military advantage gained.
• 😀 It is illegal to launch military strikes if the anticipated civilian casualties outweigh the expected military gain, as it violates the proportionality rule in IHL.
• 😀 Combatants must take adequate precautions to avoid unnecessary harm to civilians by ensuring military targets are verified and that civilian casualties are minimized.
• 😀 Even when fighting a terrorist group, governments must not commit war crimes in retaliation or response, as both sides are bound by the same international law.
• 😀 Combatants are required to alter their methods of attack to reduce civilian harm, such as using more precise or less powerful weapons when possible.
• 😀 Attacks must be conducted with proper verification to ensure that targets are legitimate military objectives and not civilian structures.
• 😀 Humanitarian relief must be provided to civilian populations caught in conflict zones, and medical facilities and workers must be protected from attack during warfare.

Q & A

What is the role of Professor Saul in relation to counterterrorism and human rights?

Professor Saul is the UN Special Reporter on counterterrorism and human rights, as well as the Chalice Chair of International Law at the University of Sydney.

What is the central issue discussed in the context of Israel's war on Gaza and Lebanon?

The central issue discussed is whether fighting terrorism can justify attacks that result in civilian casualties under international law.

What is the international legal framework that must be respected when countering terrorism?

The international legal framework includes the prohibition on the use of force, international humanitarian law, and international human rights law, which must be respected by all countries when countering terrorism.

Does the law provide exceptions for fighting terrorism or for wars fought for national survival?

No, there are no exceptions under international law, even in cases of fighting terrorism or wars fought for national survival. The rules must always be respected.

What happens if the opposing side does not respect international law or commits war crimes?

Even if the opposing side does not respect international law or commits war crimes, this does not give a government the right to violate international law or commit war crimes in response.

What is the role of international humanitarian law in regulating armed conflict?

International humanitarian law regulates armed conflict by imposing rules that ensure the protection of civilians, prisoners, medical professionals, and other non-combatants, and by ensuring that military actions are carried out with respect for fundamental constraints.

What does the rule of proportionality in international law refer to?

The rule of proportionality states that it is illegal to launch a military strike if the civilian casualties anticipated would be excessive relative to the military advantage expected from the strike.

What does international law say about precautions to minimize civilian harm in warfare?

International law requires that parties in a conflict must take all feasible precautions to minimize civilian casualties, including verifying the military nature of targets and choosing the least harmful methods or timing for attacks.

What are some examples of measures that could be taken to protect civilians during warfare?

Examples include attacking at different times, using less powerful or more precise weapons, or employing targeted methods that would protect more civilians.

Under what circumstances can civilian casualties be considered lawful during a conflict?

Civilian casualties can be considered lawful in certain circumstances, as long as they are not excessive in relation to the anticipated military advantage, in accordance with the rule of proportionality.