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Targeted Killings and Double Standards

Summary

This document analyzes the use of targeted killings (TKs) by Israel and Western armies, focusing on the reports of Human Rights Watch (HRW) and Amnesty International (AI). It examines the legal and ethical aspects of TKs, highlighting discrepancies in how HRW and AI evaluate Israeli and Western TK policies. The study reveals factual, legal, and methodological flaws in HRW and AI's reports, suggesting bias and double standards in their assessments.

Top Questions and Answers

Q: What is the definition of targeted killing (TK) according to the International Committee of the Red Cross (ICRC)?
A: The ICRC defines targeted killing as the use of lethal force attributable to a subject of international law with the intent, premeditation, and deliberation to kill individually selected persons who are not in the physical custody of those targeting them.


Q: What are the main criticisms of HRW's analysis of Israeli TKs?
A: HRW is criticized for factual inaccuracies, legal misinterpretations, and methodological flaws in its analysis of Israeli TKs. It is also accused of applying double standards by treating Israeli TKs more harshly than Western TKs.


Q: How does HRW's three-part test for assessing the legality of TKs work?
A: HRW's three-part test requires that an organized group is directing violence, the suspect is an active member of the opposing force, and law enforcement means are unavailable. However, the document argues that HRW applies this test inconsistently.


Q: What are the key issues regarding the principle of distinction in the context of TKs?
A: The principle of distinction requires belligerents to distinguish between combatants and civilians. The document argues that HRW misinterprets this principle, particularly in its criticism of Israel's use of one-ton bombs, while ignoring similar practices by Western forces.


Q: What is the principle of proportionality in the context of TKs?
A: The principle of proportionality forbids collateral damage that is expected to be excessive in relation to the military objective. The document argues that HRW misapplies this principle, criticizing Israeli TKs while ignoring similar or worse outcomes from Western TKs.


Q: How do Palestinian groups contribute to civilian casualties in the context of TKs?
A: Palestinian terrorists often conduct armed operations from within civilian areas and use civilians as shields, which increases civilian casualties and constitutes a war crime. They also dress as civilians, violating IHL's injunctions against perfidy.


Q: What is the main criticism of AI's approach to Israeli TKs?
A: AI is criticized for legal and factual inaccuracies, a utopian view of warfare, and a biased approach to Israeli TKs. It is also accused of applying double standards by treating Israeli TKs more harshly than Western TKs.


Q: What is the significance of the Israeli Supreme Court's ruling on TKs?
A: The Israeli Supreme Court held that IHL applies in the West Bank and Gaza Strip, and formulated procedural standards for TKs, which are more onerous than HRW's three-part test. The Court also emphasized the principle of proportionality.


Q: What are the main differences between Israeli and Western TK policies according to the document?
A: Israeli TK policy is characterized by transparency, public debate, and high intelligence accuracy, while Western TK policy is often opaque, lacks public scrutiny, and has resulted in higher civilian casualties. The document argues that HRW and AI apply double standards by criticizing Israeli TKs more harshly.


Q: What is the author's conclusion regarding HRW and AI's reports on TKs?
A: The author concludes that HRW and AI's reports are biased and flawed, and calls for a thorough and independent revision of their methodologies, followed by a public retraction of relevant statements and reports. The author also criticizes HRW's hiring and promotion policies, given Marc Garlasco's role in TKs that resulted in civilian deaths.


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