naraburns nihil supernum
1yr ago
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Israel-Gaza Megathread #2
This is a refreshed megathread for any posts on the conflict between (so far, and so far as I know) Hamas and the Israeli government, as well as related geopolitics. Culture War thread rules apply.
Secondly, are you saying that Hiroshima would be justified under just war theory? Because I disagree strongly, there is no way it could be given that nukes are inherently not a weapon that can discriminate against non-combatants and combatants in a city.
You can disagree all you want, but you're conflating proportionality and protection of civilians who are not present on military objectives.
Protection of civilians comes in two main forms: civilians should not be harmed as long as they are not part of/adjacent to valid military objectives, and that disproportionate force should not be used against even valid military objectives. The first has always had the language that a legitimate military objective renders a do-not-target objective into a valid-for-targetting objective, not the other way around (i.e. putting human shields doesn't turn a previously-legitimate target illegitimate), and the second has always been about the scale of expected benefit and, implicitly and relevant to your argument, alternative forms available to achieve it. 'Discriminatory' weapons, in so much that they do exist, are only legally obliged because they allow a means to achieve an effect that makes the alternatives illegitimate. If the means didn't exist, the alternatives wouldn't be excessive to the alternatives.
The international law objection to using nukes against valid military objectives is that you probably don't actuallly need a nuke to neutralize or destroy the miltiary objective, which renders the nuke excessive. If you actually do need the nuke to service the target- or if the alternative means of servicing the target to the same effect are on the same scale or even higher- there's no actual legal barrier from that font.
The international law objection to using nukes against valid military objectives is that you probably don't actuallly need a nuke to neutralize or destroy the miltiary objective, which renders the nuke excessive. If you actually do need the nuke to service the target- or if the alternative means of servicing the target to the same effect are on the same scale or even higher- there's no actual legal barrier from that font.
You're correct. I was speaking practically, as we've yet to see a case where a nuke was needed by this standard.
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Notes -
You can disagree all you want, but you're conflating proportionality and protection of civilians who are not present on military objectives.
Protection of civilians comes in two main forms: civilians should not be harmed as long as they are not part of/adjacent to valid military objectives, and that disproportionate force should not be used against even valid military objectives. The first has always had the language that a legitimate military objective renders a do-not-target objective into a valid-for-targetting objective, not the other way around (i.e. putting human shields doesn't turn a previously-legitimate target illegitimate), and the second has always been about the scale of expected benefit and, implicitly and relevant to your argument, alternative forms available to achieve it. 'Discriminatory' weapons, in so much that they do exist, are only legally obliged because they allow a means to achieve an effect that makes the alternatives illegitimate. If the means didn't exist, the alternatives wouldn't be excessive to the alternatives.
The international law objection to using nukes against valid military objectives is that you probably don't actuallly need a nuke to neutralize or destroy the miltiary objective, which renders the nuke excessive. If you actually do need the nuke to service the target- or if the alternative means of servicing the target to the same effect are on the same scale or even higher- there's no actual legal barrier from that font.
You're correct. I was speaking practically, as we've yet to see a case where a nuke was needed by this standard.
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