Is Israel's counterattack in Gaza disproportionate under international law or just war doctrine?

Many people seem to be challenging Israel's counterattack on Hamas in Gaza as being "disproportionate." The fundamental basis of that position focuses on the number of civilian deaths in Gaza as opposed to the few Israeli deaths resulting from Hamas' rocket and mortar attacks on Israel.

This misapprehends the issue. One must recognize the distinction between ius ad bellum and ius in bello. Israel has a right to defend its citizens from the rocket and mortar attacks from Gaza. However, regardless of whether a war is justified or not, ius in bello requires that it be conducted in a just manner. Proportionality constitutes one of the conditions of ius in bello.

Much of the analysis of the requirement of proportionality assumes that it requires a "tooth for tooth and an eye for an eye." If the aggressor kills 4 civilians, a country has a right to kill as many civilians or a limited multiple thereof, but no more. Proportionality, properly understood, relates not at all to the number of civilians or others killed by Hamas.

Instead, it tests whether the Israeli counterattack on Gaza advances truly military goals or simply attempts to terrorize its opponents though attacks on civilian targets. Certainly, civilian targets abound in Gaza. If Israel bombed indiscriminately as Hamas has in Israel, civilian deaths would already be in the thousands. The relatively small number of civilian deaths to date indicates Israel's effort to limit its attacks to military targets.

Ius in bello also recognizes that a party cannot hide its forces among civilians and in houses of worship, schools or hospitals. Hamas intentionally places its fighters and rockets in close proximity to civilians and civilian facilities. Hamas bears the responsibility for civilian casualties in such instances. No reasonable person can require Israel not to attack mosques loaded with Hamas rockets.

To date, Israeli attacks seem focused on military objectives. That may change. The present ground operations add to the difficulty in analyzing the question. Undoubtedly, civilian deaths will increase. Do they result from intentional targeting by IDF, from use of human shields by Hamas or simply the large number of civilians that have not been able to escape the area?

Just war doctrine presents many complex issues. However, it does not require that a country commit suicide or allow its citizens to be indiscriminately murdered from afar. Simplistically comparing civilian deaths in Gaza to that in Israel fails to understand just war doctrine.