Advisory Opinions Israel's Legal Responsibilities in War (Live at Duke University)
Oct 10, 2024
Judge Roy Altman, a federal judge known for his insights on international law, joins the discussion at Duke University. He shares his experiences from trips to Israel and delves into the legal intricacies of warfare, particularly the principle of proportionality and the challenges posed by Hamas' tactics. The conversation also touches on the ethical dilemmas in military decision-making and Israel's efforts to protect civilians. Additionally, they explore the fascinating legal issues surrounding tire chalking and its implications for the Fourth Amendment.
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Proportionality in War
- Proportionality in war is not about matching force, but limiting excessive force to military objectives.
- It involves difficult judgments, like whether civilian casualties are proportionate to the objective's importance.
Israel's War Practices
- Judge Altman explains Israel's practices regarding laws of war, like distinction, proportionality, and mitigation.
- He shared an example of drone operators canceling strikes due to nearby civilians.
Legal Imperative vs. Strategic Aversion
- David French raises concerns about Israel's re-entry into previously fought-over areas in Gaza.
- He questions if a legal imperative exists to secure civilians, even without a strategic desire for occupation.