Sabotaging dual-use communications devices that are used, specifically, by members of an enemy paramilitary group is not a clear-cut war crime. On the other hand, there is a very strong argument that ‘blind-firing’ such devices en-masse without regard for the proximity of civilians or possibility of civilian harm is a war crime via insufficiently discerning use of force. But even that is something that could probably be argued in a legitimately-unbiased international court - not that it’ll ever fucking get to one, considering Israel’s history with international courts.
Either way, it’s a shite move that was only meant to escalate the situation so Bibi can stay in power a few more minutes. Vile shit.
“stress that booby-traps associated with objects in normal civilian daily use are prohibited, and that booby-traps must not be used in association with protected persons, protected objects (such as medical supplies, gravesites and cultural or religious property) or internationally recognized protective emblems or signs (such as the red cross and red crescent).[3] Several manuals further specify that booby-traps must not be used in connection with certain objects likely to attract civilians, such as children’s toys.”
A cell phone is a normal civil daily use item and would attract use by civilians.
“Booby-trap” means any device or material which is designed, constructed or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.
As these were remotely detonated, they do not fit the definition of a booby trap. Rather, the issue becomes a war crime because of Israel’s choice to detonate, which was very likely done in a manner that was reckless and without regard for collateral damage.
So would you classify them as an improvised explosive device instead? That the department of homeland security says are used by “criminals, vandals, terrorists, suicide bombers, and insurgents”
Didn’t say it was a good look. In fact, I quite explicitly noted that it was a shit move and likely a war crime. Just probably not because of international law on booby traps, but because of international law on discriminate use of force.
The intent of the inclusion of boobytraps within that definition is pretty clear. Ordinary objects, when used as the vector for unexpected explosive discharge, become something distrustful and fearsome. How does one know if a device they are purchasing or picking up is one that’s been modified to explode during normal usage?
No, the distinction being made between article 4 and 5 is intended to separate intentionally and mindfully placed mines on military objectives where the risk of civilian injury is low and explosives that are ‘remotely sent’ where the locations must be accurately recorded to prevent accidental discharge after the conflict has ceased.
I see no way to argue that they can ensure the pagers or radios were placed on such ‘military targets’, nor can they account or record the locations of any that failed to discharge. For all the Lebanese know, there are pagers or radios still in circulation that did not explode on the day of the attack, or that there are more explosives in other mobile devices that have yet to be activated, or were abandoned for use for whatever reason and may go off unexpectedly in the future. It is exactly that uncertainty and the use of everyday objects that makes this terror attack a war crime - not that it matters to a body that has been completely neutered and is incapable of holding Israel accountable without the consent of the US.
Hiding behind the verbiage of the UN charter is cowardly.
I’m not sure what you’re even on about, if the pagers (in your view) don’t qualify as ‘booby traps’, they’d still fit the description of ‘other devices’ that are in the same restriction:
“Other devices” means manually-emplaced munitions and devices designed to kill, injure
or damage and which are actuated by remote control or automatically after a lapse of time.
I personally think their being disguised as civilian objects is of particular note and makes the offence more severe, but even without that classification it’s considered a war crime
This Article applies to: (a) mines (b) booby-traps; and ( c) other devices.
It is prohibited in all circumstances to direct weapons to which this Article applies, either
in offence, defence or by way of reprisals, against the civilian population as such or against
individual civilians.
The indiscriminate use of weapons to which this Article applies is prohibited.
Indiscriminate use is any placement of such weapons:
(a) which is not on, or directed against, a military objective; or
It would be a tall order to prove that the pagers were actually and exclusively distributed to Hezbollah combatants
(b) which employs a method or means of delivery which cannot be directed at a specific
military objective; or
As with above, they had no reasonable way of knowing that the pagers would be directed as intended or be on their intended target at the time of discharge
( c) which may be expected to cause incidental loss of civilian life, injury to civilians,
damage to civilian objects, or a combination thereof, which would be excessive in relation
to the concrete and direct military advantage anticipated.
Pretty clearly caused incidental loss of civilian life and injury, especially in relation to the concrete military advantage. I haven’t even heard stated any material military advantage gained from this other than relating to the fear they intended to evoke
All feasible precautions shall be taken to protect civilians from the effects of weapons to
which this Article applies. Feasible precautions are those precautions which are practicable
or practically possible taking into account all circumstances ruling at the time, including
humanitarian and military considerations.
No matter how you’re slicing it, under Protocol II of the UN the pager attacks would be a violation and subject to war crime charges. It being a literal ‘booby trap’, ‘mine’, or ‘other device’ is immaterial to its criminality.
“Other devices” means manually-emplaced munitions and devices including improvised
explosive devices designed to kill, injure or damage and which are actuated manually, by
remote control or automatically after a lapse of time.
It is prohibited to use booby-traps or other devices in the form of apparently harmless portable
objects which are specifically designed and constructed to contain explosive material.
“Booby traps and other devices” is one legal thing, there’s no legal distinction. Pager bombs are always a war crime regardless of circumstances.
No. The distribution is as indiscriminate as leaving command detonated mines in place. (also a war crime). You cannot ensure those mines only target combatants after you leave. The indiscriminate distribution is a war crime as much as the indiscriminate activation.
Hezbollah isn’t just a paramilitary group, though, it’s an actual political party in Lebanon.
You’d have to have an extremely narrow understanding of who Hezbollah even is to claim the attack was legitimate
Not to mention the intentional fear the strike created that now legitimizes Hezbollah’s mandate against Israel. Yea, it was ‘shite’, but it seems pretty well designed to manufacture fear and chaos and to bait Lebanon into a broader conflict.
Sabotaging dual-use communications devices that are used, specifically, by members of an enemy paramilitary group is not a clear-cut war crime. On the other hand, there is a very strong argument that ‘blind-firing’ such devices en-masse without regard for the proximity of civilians or possibility of civilian harm is a war crime via insufficiently discerning use of force. But even that is something that could probably be argued in a legitimately-unbiased international court - not that it’ll ever fucking get to one, considering Israel’s history with international courts.
Either way, it’s a shite move that was only meant to escalate the situation so Bibi can stay in power a few more minutes. Vile shit.
“stress that booby-traps associated with objects in normal civilian daily use are prohibited, and that booby-traps must not be used in association with protected persons, protected objects (such as medical supplies, gravesites and cultural or religious property) or internationally recognized protective emblems or signs (such as the red cross and red crescent).[3] Several manuals further specify that booby-traps must not be used in connection with certain objects likely to attract civilians, such as children’s toys.”
A cell phone is a normal civil daily use item and would attract use by civilians.
This specifically would come from Rule 80, pertaining to booby traps. https://ihl-databases.icrc.org/en/customary-ihl/v1/rule80
As these were remotely detonated, they do not fit the definition of a booby trap. Rather, the issue becomes a war crime because of Israel’s choice to detonate, which was very likely done in a manner that was reckless and without regard for collateral damage.
So would you classify them as an improvised explosive device instead? That the department of homeland security says are used by “criminals, vandals, terrorists, suicide bombers, and insurgents”
That wouldn’t be a good look either
Didn’t say it was a good look. In fact, I quite explicitly noted that it was a shit move and likely a war crime. Just probably not because of international law on booby traps, but because of international law on discriminate use of force.
I think you’re splitting hairs.
The intent of the inclusion of boobytraps within that definition is pretty clear. Ordinary objects, when used as the vector for unexpected explosive discharge, become something distrustful and fearsome. How does one know if a device they are purchasing or picking up is one that’s been modified to explode during normal usage?
Almost like someone would say they booby trapped the devices. The intent was clear as you stated.
Please, point out to me which prohibition here was violated.
I think you’re looking for excuses. Fuck’s sake, splitting hairs? That’s quite literally the legal fucking definition.
You’re right, that’s also why maskirovka is illegal. If you disguise a tank as a house, what comes next?
/s
Also why anti-tank landmines are illegal. If you disguise an explosive under a road, what other dastardly things can you do?
/s
No, the distinction being made between article 4 and 5 is intended to separate intentionally and mindfully placed mines on military objectives where the risk of civilian injury is low and explosives that are ‘remotely sent’ where the locations must be accurately recorded to prevent accidental discharge after the conflict has ceased.
I see no way to argue that they can ensure the pagers or radios were placed on such ‘military targets’, nor can they account or record the locations of any that failed to discharge. For all the Lebanese know, there are pagers or radios still in circulation that did not explode on the day of the attack, or that there are more explosives in other mobile devices that have yet to be activated, or were abandoned for use for whatever reason and may go off unexpectedly in the future. It is exactly that uncertainty and the use of everyday objects that makes this terror attack a war crime - not that it matters to a body that has been completely neutered and is incapable of holding Israel accountable without the consent of the US.
Hiding behind the verbiage of the UN charter is cowardly.
Landmines are addressed entirely separately, but thanks for confirming you don’t have the first clue you’re talking about.
“How dare you quote the law when talking about the law”
Sorry, your feelings on the matter override international law, I know.
I’m not sure what you’re even on about, if the pagers (in your view) don’t qualify as ‘booby traps’, they’d still fit the description of ‘other devices’ that are in the same restriction:
I personally think their being disguised as civilian objects is of particular note and makes the offence more severe, but even without that classification it’s considered a war crime
It would be a tall order to prove that the pagers were actually and exclusively distributed to Hezbollah combatants
As with above, they had no reasonable way of knowing that the pagers would be directed as intended or be on their intended target at the time of discharge
Pretty clearly caused incidental loss of civilian life and injury, especially in relation to the concrete military advantage. I haven’t even heard stated any material military advantage gained from this other than relating to the fear they intended to evoke
No matter how you’re slicing it, under Protocol II of the UN the pager attacks would be a violation and subject to war crime charges. It being a literal ‘booby trap’, ‘mine’, or ‘other device’ is immaterial to its criminality.
You’re forgetting a couple or statements there. These were absolutely booby traps and command detonated traps exist.
“Booby traps and other devices” is one legal thing, there’s no legal distinction. Pager bombs are always a war crime regardless of circumstances.
No. The distribution is as indiscriminate as leaving command detonated mines in place. (also a war crime). You cannot ensure those mines only target combatants after you leave. The indiscriminate distribution is a war crime as much as the indiscriminate activation.
Hezbollah isn’t just a paramilitary group, though, it’s an actual political party in Lebanon.
You’d have to have an extremely narrow understanding of who Hezbollah even is to claim the attack was legitimate
Not to mention the intentional fear the strike created that now legitimizes Hezbollah’s mandate against Israel. Yea, it was ‘shite’, but it seems pretty well designed to manufacture fear and chaos and to bait Lebanon into a broader conflict.