conflict
High death toll does not mean Israel’s violating international law

From the MacDonald Laurier Institute
By Sarah Teich and Brian L. Cox
Many critics of Israel seem to be operating under a misunderstanding of the law of armed conflict.
The seven-day truce between Israel and Hamas ended on Dec. 1. Since the fighting resumed, calls to keep Israel accountable to international law have been intensifying, including, most recently, from Foreign Affairs Minister Mélanie Joly, who said that Canada will “support any form of accountability systems … at the international level that will look into” Israel’s conduct. On Tuesday, Canada voted for a ceasefire in Gaza at the United Nations, which will likely further embolden critics of Israel’s military operations.
Critics stand ready to lambaste Israeli military forces for the destruction of civilian infrastructure and civilian deaths, even accusing Israel of war crimes and genocide. Yet these criticisms often involve a distortion of the facts and a distortion of the law.
Oct. 7 was the single most brutal massacre against Jewish people since the Holocaust. The images and videos of the massacre are horrific. Women were paraded half-naked through the streets of Gaza; babies were ripped from the arms of their mothers and burned alive; elderly Holocaust survivors were terrorized and abducted. Approximately 1,200 people were killed and over 200 taken hostage in attacks orchestrated and carried out by Hamas, a recognized terrorist organization that receives funding and training from the Islamic Republic of Iran.
In the weeks that followed, and as Hamas continued to launch rockets indiscriminately at Israeli cities, Israeli forces initiated extensive ground, air and sea operations in Gaza, with the aim of dismantling Hamas and retrieving the hostages. These goals are, presumably, incredibly difficult for Israeli forces to achieve without risking harm to civilians, given that Hamas is known to use Palestinian civilians as human shields. Deaths in Gaza, according to local authorities, have surpassed 18,000.
There is a general prohibition on the use of force in international law. Unprovoked wars of aggression are illegal. States are, however, generally permitted to use force when acting in self-defence and with necessary, proportionate objectives. It is apparent that, following Hamas’s attack on Oct. 7 and continued indiscriminate rocket fire at Israel, Israel’s goal of dismantling Hamas and retrieving hostages would be considered necessary and proportionate objectives justifying the use of force. These strategic objectives comply with jus ad bellum, the body of law that governs when force may be initiated.
International humanitarian law, or jus in bello, governs the conduct of armed hostilities, even in the context of a lawful war. This is the law of war, or the law of armed conflict, and it applies to all parties to a conflict. Under the law of armed conflict (LOAC), the proportionality rule prohibits engaging in an attack “when the expected incidental loss of civilian life, injury to civilians or damage to civilian objects would be excessive in relation to the concrete and direct military advantage that is anticipated from the attack.”
Credibly determining that a violation of the LOAC proportionality rule has been committed requires evidence of the incidental harm anticipated and the military advantage expected at the time by those responsible for planning or conducting the attack. This assessment is difficult — if not impossible — to accomplish reliably based only on information available in the public domain.
Many critics of Israel seem to be operating under a misunderstanding of the law of armed conflict. As summarized by Charles Kels, senior attorney for the United States Department of Homeland Security and a judge advocate in the U.S. Air Force Reserve, there is a disturbing trend wherein academics and others conflate jus ad bellum and jus in bello.
What those who make this mistake are saying, writes Kels, “is that even if a state is acting in self-defence with a lawful objective, and even if their forces abide by (the laws of war) in military operations, they still have a legal obligation to stop fighting if civilian casualties are too high.” This is not the law, nor should it be.
The death toll in Gaza cannot be taken lightly. However, the magnitude of civilian harm alone is not a reliable indicator of compliance with international law. The fact that Hamas embeds itself within civilian populations, and actively prevents civilians from leaving dangerous areas, likely needlessly heightens the death toll.
International law prohibits deliberately making civilians the object of attack. Israel has committed publicly to complying with international law throughout this operation, just as it has done in the past. In contrast, Hamas has targeted, and continues to target, Israeli civilians with indiscriminate attacks. Hamas refuses to release all the hostages it abducted, which constitutes an ongoing serious violation of international law.
Accountability for atrocity crimes is something that should be encouraged, across the board. However, efforts should focus on the most likely perpetrators and the most egregious crimes. Hamas can and should be held accountable for its ongoing crimes against Israelis and Palestinians, and Israel should be supported as it defends itself in accordance with the law.
Sarah Teich is an international human rights lawyer, a senior fellow at the Macdonald-Laurier Institute and a legal advisor to Secure Canada. Brian L. Cox is a visiting scholar at University of Ottawa School of Law, a lecturer at Cornell Law School and a retired U.S. Army military lawyer.
conflict
Obama Dropped Over 26K Bombs Without Congressional Approval

@miss_stacey_ Biden, Clinton, Obama & Harris on Iran #biden #clinton #obama #harris #trump #iran #nuclear
Iran has been the target for decades. Biden, Harris, and Clinton—all the Democrats have said that they would attack Iran if given the opportunity. It appears that Donald Trump is attempting to mitigate a potentially irresolvable situation. As he bluntly told reporters: We basically — we have two countries that have been fighting so long and so hard that they don’t know what the f‑‑‑ they’re doing.”
A portion of the nation believes Trump acted like a dictator by attacking Iran without Congressional approval. I explained how former President Barack Obama decimated the War Powers Resolution Act when he decided Libya was overdue for a regime change. The War Powers Act, or War Powers Resolution of 1973, grants the POTUS the ability to send American troops into battle if Congress receives a 48-hour notice. The stipulation here is that troops cannot remain in battle for over 60 days unless Congress authorizes a declaration of war. Congress could also remove US forces at any time by passing a resolution.
Libya is one of seven nations that Obama bombed without Congressional approval, yet no one remembers him as a wartime president, as the United States was not technically at war. Over 26,000 bombs were deployed across 7 nations under his command in 2016 alone. Libya, Afghanistan, Syria, Yemen, Somalia, Iraq, and Pakistan were attacked without a single vote. Donald Trump’s recent orders saw 36 bombs deployed in Iran.
The majority of those bombings happened in Syria, Libya, and Iraq under the premise of targeting extremist groups like ISIS. Drone strikes were carried out across Somalia, Yemen, and Pakistan as the Obama Administration accused those nations of hosting al-Qaeda affiliated groups. Coincidentally, USAID was also providing funding to those groups.
The 2001 Authorization for Use of Military Force (AUMF) was initially implemented to hunt down the Taliban and al-Qaeda after the 9/11 terrorist attacks. Obama broadened his interpretation of the AUMF and incorporated newly formed militant groups that were allegedly expanding across the entire Middle East. The Bureau of Investigative Journalism believes there were up to 1,100 civilian casualties in Pakistan, Yemen, and Somalia. Thousands of civilians died in Syria and Iraq but the death toll was never calculated. At least 100 innocent people died in the 2016 attacks in Afghanistan alone.
The government will always augment the law for their personal agenda. The War Powers Resolution was ignored and the AUMF was altered. Congress was, however, successful in preventing Obama from putting US troops on the ground and fighting a full-scale war. In 2013, Obama sought congressional approval for military action in Syria but was denied. Obama again attempted to deploy troops in 2015 but was denied. Congress has to redraft the AUMF to specifically prevent Obama from deploying troops in the Middle East. “The authorization… does not authorize the use of the United States Armed Forces on the ground in Syria for the purpose of combat operations.” Obama attempted to redraft the AUMF on his own by insisting he would prohibit “enduring offensive ground combat operations” or long-term deployment of troops. He was met with bipartisan disapproval as both sides believed he was attempting to drag the United States into another unnecessary war.
The United States should not be involved in any of these battles, but here we are. Those living in fear that Donald Trump is a dictator fail to recognize that past leadership had every intention of sending American men and women into battle unilaterally without a single vote cast.
conflict
The Oil Price Spike That Didn’t Happen

From the Daily Caller News Foundation
By David Blackmon
What if they gave an oil price spike and nobody came? That is admittedly kind of a lame play on an old saying about parties, but it’s exactly what has happened over the two weeks since June 12, when Israel launched its initial assault on Iran.
At that day’s close of trading, the domestic U.S. WTI price sat at $68.04 per barrel. As of this writing on June 24, the price stands at $64.50. That’s not just the absence of a price spike, it is the opposite of one, a drop of 5% in just two weeks.
So, what happened? Why didn’t crude prices spike significantly? For such a seemingly complex trading market that is impacted daily by a broad variety of factors, the answer here is surprisingly simple, boiling down to just two key factors.
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- Neither Israel nor the United States made an effort to target Iran’s refining or export infrastructures.
- Despite some tepid, sporadic saber rattling by Iranian officials, they mounted no real effort to block the flow of crude tankers through the region’s critical choke point, the Strait of Hormuz.
Hitting Iran’s infrastructure could have taken its substantial crude exports – which the International Energy Agency estimates to be 1.7 million barrels per day – off the global market, a big hit. Shutting down the Strait of Hormuz, through which about 20% of global crude supplies flow every day, would have been a much bigger hit, one that would have set prices on an upward spiral.
But the oil kept flowing, muting the few comparatively small increases in prices which did come about.
Respected analyst David Ramsden-Wood, writing at his “HotTakeOfTheDay” Substack newsletter, summed it up quite well. “Oil is still structurally bearish. U.S. producers are in PR mode—talking up ‘Drill, baby, drill’ while actually slowing down. Capex is flat to declining. Rig counts are down. Shareholders want returns, not growth. So we’re left with this: Tension in the Middle East, no supply impact, and U.S. production that’s quietly rolling over. Oil shrugged.”
There was a time, as recently as 10 years ago, when crude prices would have no doubt rocketed skywards at the news of both the commencement of Israel’s initial June 12 assault on Iran’s military and political targets and of last Saturday’s U.S. bombing operation. In those days, we could have expected crude prices to go as high as $100 per barrel or even higher. Markets used to really react to the “tension in the Middle East” to which Ramsden-Wood refers, in large part, because they had no real way to parse through all the uncertainties such events might create.
Now it’s different. Things have changed. The rise of machine learning, AI and other technological and communications advancements has played a major role.
In the past, a lack of real-time information during any rise in Middle East tensions left traders in the dark for some period of time – often extended periods – about potential impacts on production in the world’s biggest oil producing region. But that is no longer the case. Traders can now gauge potential impacts almost immediately.
That was especially true throughout this most recent upset, due to President Donald Trump’s transparency about everything that was taking place. You were able to know exactly what the U.S. was planning to do or had done just by regularly pressing the “refresh” button at Trump’s Truth Social feed.
Tim Stewart, President of the D.C.-based U.S. Oil and Gas Association, has a term for this. “The Markets are becoming much better at building the ‘47 Variable’ into their short-term models,” he said in an email. “This is not a Republican Administration – it is a Disrupter Administration and disruption happens both ways, so the old playbooks just don’t apply anymore. Traders are taking into account a President who means what he says, and it is best to plan for it.”
Add to all that the reality that a high percentage of crude trading is now conducted via automated, AI-controlled programs, and few trades are any longer made in the dark.
Thus, the world saw a price spike which, despite being widely predicted by many smart people, didn’t happen, and the reasons why are pretty simple.
David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
(Featured Image Media Credit: Screen Capture/PBS NewsHour)
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