Dear everyone who has said or written some version of “Israel has a right of self-defense, so isn’t committing war crimes” this week,
No. Just no. This is the logical equivalent of saying “I have red hair, so I’m good at math.” The two statements may or may not be true. But there is no causal relationship between them and you are asking that poor conjunction “so” to perform a task for which it is woefully unsuited.
The legality of why a war is being fought and the legality of how it is being fought are separate questions. In international law, the first is known as jus ad bellum and the second as jus in bello.
States are indeed allowed to use force to defend themselves under international law. Article 51 of the United Nations Charter is the clearest articulation of this right but it also exists (probably in a more expansive form) in customary international law, developed through the practice of states.
Whether or not the threat to Israel is the type of attack that triggers the right of self-defense is a live, and much debated, question. But regardless of whether Israel’s war is being prosecuted for just reasons, out of a legitimate right to self-defense, it is still perfectly possible that it is being conducted in an unlawful manner.
War crimes are war crimes, folks. If you use prohibited weapons, extrajudicially execute prisoners of war, or (and these are the important ones here) target civilian populations, or cause excessive harm to civilians through the indiscriminate, unnecessary, or disproportionate use of force, then it doesn’t matter how good of a reason you have for fighting.
And, just so we’re clear, it’s equally possible that a state could enter into a war for manifestly unjust reasons (say, the unlawful annexation of a neighboring state’s territory), and still conduct it with the utmost respect for human rights and humanitarian law.
As you were.