Why Israel's action in Gaza is not "disproportionate"

Proportionality is not the same thing as symmetry. Israel must counter the developing threat from Hamas.

One of the most common complaints against Israel is that its response to rocket attacks from Hamas is 'disproportionate'. Several MPs, including Menzies Campbell, put this charge to the Foreign Secretary, William Hague, in the House of Commons yesterday. And it is easy to understand why: in seven days of conflict there have been five Israeli casualties to over 130 Palestinian deaths. We look for things to be 'even-steven'; they are not, and our British sense of fair play is offended. 

No technology, however advanced, can remove the fog of war or the inevitability of human error. The death of a Palestinian family of ten on Sunday makes a mockery of easy talk of 'surgical strikes'. War is always hell and when a cease-fire is agreed there will be joy on both sides.

Nonetheless, the charge of ‘disproportionality’ is fundamentally misguided for three reasons.

First, in comparison to Operation Cast Lead in 2008-9, what is striking about the current military action is precisely how limited the civilian casualties have been. As of this morning, the Israeli Defence Force has conducted over 1,500 targeted strikes against the weapons caches and the command and control facilities of armed groups; on the rocket launching sites, the tunnels through which they are smuggled, and the terrorists who fire them – all deliberately hidden in built-up civilian areas. These 1,500 strikes have caused around 130 deaths and a significant number of those are terrorists. Of course, each civilian death is appalling. But the ratio tells a story: of scrupulous intelligence gathering, of the intensive use by the IDF of early-warning by leaflet and text message, and of a willingness to abort missions that would cause civilian deaths.

Second, in international law and just war theory, proportionality is not the same thing as symmetry. Princeton’s Michael Walzer, author of the seminal Just and Unjust Wars, put it like this:

Proportionality doesn't mean "tit for tat," as in the family feud. The Hatfields kill three McCoys, so the McCoys must kill three Hatfields. More than three, and they are breaking the rules of the feud, where proportionality means symmetry. The use of the term is different with regard to war, because war isn't an act of retribution; it isn't a backward-looking activity, and the law of even-Steven doesn't apply. Like it or not, war is always purposive in character; it has a goal, an end-in-view.

Proportionality, then, must be measured in part against the future: What is the value of the end-in-view to be achieved? What is the future threat to be avoided? Israel’s stated end-in-view has been rightful: to protect the citizens of southern Israel by stopping the rocket attacks. The developing threat to Israel from Hamas and other armed groups in the Gaza Strip must be judged by reference to both the power of the weaponry and the nature of the ideology.

As regards the weaponry, the pattern is long-established: periods of rocket fire on the citizens of southern Israel have alternated with periods of ‘quiet’ during which Hamas smuggles an ever-more powerful arsenal of weapons into Gaza via a pipeline that runs from Iran through Sudan into the Sinai.  In 2008 Israel faced an arsenal of 5,000 rockets held by armed groups in Gaza. Today it is 12,000. In the past, Israel faced home-made Qassam rockets fired over the border onto the people of Sderot. Then Hamas acquired Grad rockets, then Qassams. On the eve of this conflict, Israel faced an arsenal of Iranian-supplied Fajr 5 missiles able to pound Tel Aviv. The question it faced was: what next? 

As regards the ideology of Hamas, few things are more poorly understood among British politicians who tend to talk about Hamas as if it were a present-day version of the secular nationalist liberation movements of their youth. In fact, the Hamas Charter – its founding principles, operative to this day – breathes the worst kind of murderous hate towards Israel.  It opens with the statement: "Israel will exist and will continue to exist until Islam will obliterate it, just as it obliterated others before it."

The Hamas Charter targets Jews as Jews in registers both pious and profane. It cites a hadith in common usage among Sunni Islamist organisations: "The Day of Judgment will not come about until Muslims fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslims, O Abdullah, there is a Jew behind me, come and kill him." But the Charter also includes passages of classic secular anti-Semitic conspiracy theory, accusing Jews "with their money" of being behind "the French Revolution, the Communist revolution and most of the revolutions we heard and hear about, here and there."

Of course, Israel could have decided Hamas was being ironic. Muhammed Deif said in 2005 after Israel’s disengagement from the Strip, "We promise that tomorrow all of Palestine will become hell for you." But perhaps he was just being discursively playful? Hamas ‘foreign minister’ Mahmoud al-Zahar said in 2006, "Israel is a vile entity that has been planted on our soil, and has no historical, religious or cultural legitimacy. We cannot normalise our relations with this entity." Just a play at rhetoric?  And when Ahmad Al-Jabri (the Hamas military commander killed by Israel on day one of this conflict) called Jews "rats" to be killed in the cause of liberating "Jerusalem, the West Bank, and then Haifa, Jaffa, and Tel Aviv," Israel could have decided he was merely playing by the well-worn but essentially symbolic rules of ‘anti-imperialist’ discourse, and so not to be taken seriously.

If you want to engage in that kind of ‘translation’ then you will find abundant resources within western intellectual culture. Unfortunately it’s not like that in Israel’s neighbourhood. There, when someone says they intend to kill you, they probably intend to kill you.

It is also against these grim measures – of Iranian-supplied missiles, an ideology of genocidal hatred towards Jews, and what that combination may yet inflict upon the citizens of Israel - that ‘proportionality’ must be judged.

Professor Alan Johnson is editor of Fathom: for a deeper understanding of Israel and the region

Israelis emergency services inspect a destroyed building that was hit by a rocket, fired from Gaza, in the city of Rishon Letzion, near Tel Aviv. Photograph: Getty Images.

Alan Johnson is the editor of Fathom: for a deeper understanding of Israel and the region and senior research fellow at the Britain Israel Communications and Research Centre (BICOM).

Getty Images.
Show Hide image

David Davis interview: The next Conservative leader will be someone nobody expects

The man David Cameron beat on why we should bet on a surprise candidate and what the PM needs to do after the referendum. 

“I’m tired,” says David Davis when I greet him. The former Conservative leadership candidate is running on three hours’ sleep after a Question Time appearance the night before. He is cheered, however, by the coverage of his exchange with Ed Miliband. “Which country would it be be like?” the former Labour leader asked of a post-EU UK. “The country we’re going to be like is Great Britain,” the pro-Brexit Davis retorted

The 67-year-old Haltemprice and Howden MP is at Hull University to debate constituency neighbour Alan Johnson, the head of the Labour In campaign. “As far as you can tell, it’s near to a dead heat,” Davis said of the referendum. “I think the run of events will favour Brexit but if I had to bet your salary, I wouldn’t bet mine, I’d place it on a very narrow victory for Brexit.”

Most economists differ only on how much harm a Leave vote would do. Does Davis believe withdrawal is justified even if it reduces growth? “Well, I think that’s a hypothetical question based on something that’s not going to happen ... One of the arguments for Brexit is that it will actually improve our longer-run economic position. In the short-run, I think Stuart Rose, the head of Remain, had a point when he said there would be very small challenges. In a few years probably nothing.

“The most immediate thing would likely be wage increases at the bottom end, which is very important. The people in my view who suffer from the immigration issue are those at the bottom of society, the working poor, which is why I bridle when people ‘oh, it’s a racist issue’. It’s not, it’s about people’s lives.”

More than a decade has passed since David Cameron defeated Davis by 68-32 in the 2005 Conservative leadership contest. The referendum has pitted the two men against each other once more. I asked Davis whether he agreed with the prime minister’s former strategist, Steve Hilton, that Cameron would be a Brexiter were he not in No.10.

“I think it might be true, I think it might be. When you are in that position you’re surrounded by lot of people: there’s the political establishment, the Whitehall establishment, the business establishment, most of who, in economic parlance, have a ‘sunk cost’ in the current set-up. If changes they stand to lose things rather than gain things, or that’s how they see it.

“Take big business. Big business typically gets markets on the continent, maybe distribution networks, supply networks. They’re going to think they’re all at risk and they’re not going to see the big opportunities that exist in terms of new markets in Brazil, new markets in China and so on, they’re naturally very small-C Conservative. Whitehall the same but for different reasons. If you’re a fast-track civil servant probably part of your career will be through the Commission or maybe the end of your career. Certainly in the Foreign Office. When I ran the European Union department in the Foreign Office, everybody wanted a job on the continent somewhere. They were all slanted that way. If all your advice comes from people like that, that’s what happens.”

Davis told me that he did not believe a vote to Leave would force Cameron’s resignation. “If it’s Brexit and he is sensible and appoints somebody who is clearly not in his little group but who is well-equipped to run the Brexit negotiations and has basically got a free hand, there’s an argument to say stability at home is an important part of making it work.”

He added: “I think in some senses the narrow Remain is more difficult for him than the narrow Brexit. You may get resentment. It’s hard to make a call about people’s emotional judgements under those circumstances.”

As a former leadership frontrunner, Davis avoids easy predictions about the coming contest. Indeed, he believes the victor will be a candidate few expect. “If it’s in a couple of years that’s quite a long time. The half life of people’s memories in this business ... The truth of the matter is, we almost certainly don’t know who the next Tory leader is. The old story I tell is nobody saw Thatcher coming a year in advance, nobody saw Major coming a year in advance, nobody saw Hague coming a year in advance, nobody saw Cameron coming a year in advance.

“Why should we know two years in advance who it’s going to be? The odds are that it’ll be a Brexiter but it’s not impossible the other way.”

Does Davis, like many of his colleagues, believe that Boris Johnson is having a bad war? “The polls say no, the polls say his standing has gone up. That being said, he’s had few scrapes but then Boris always has scrapes. One of the natures of Boris is that he’s a little bit teflon.”

He added: “One thing about Boris is that he attracts the cameras and he attracts the crowds ... What he says when the crowd gets there almost doesn’t matter.”

Of Johnson’s comparison of the EU to Hitler, he said: “Well, if you read it it’s not quite as stern as the headline. It’s always a hazardous thing to do in politics. I think the point he was trying to make is that there’s a long-running set of serial attempts to try and unify Europe not always by what you might term civilised methods. It would be perfectly possible for a German audience to turn that argument on its head and say isn’t it better whether we do it this way.”

Davis rejected the view that George Osborne’s leadership hopes were over (“it’s never all over”) but added: “Under modern turbulent conditions, with pressure for austerity and so on, the simple truth is being a chancellor is quite a chancy business ... The kindest thing for Dave to do to George would be to move him on and give him a bit of time away from the dangerous front.”

He suggested that it was wrong to assume the leadership contest would be viewed through the prism of the EU. “In two years’ time this may all be wholly irrelevant - and probably will be. We’ll be on to some other big subject. It’’ll be terrorism or foreign wars or a world financial crash, which I think is on the cards.”

One of those spoken of as a dark horse candidate is Dominic Raab, the pro-Brexit justice minister and Davis’s former chief of staff. “You know what, if I want to kill somebody’s chances the thing I would do is talk them up right now, so forgive me if I pass on that question,” Davis diplomatically replied. “The reason people come out at the last minute in these battles is that if you come out early you acquire enemies and rivals. Talking someone up today is not a friendly thing to do.” But Davis went on to note: “They’re a few out there: you’ve got Priti [Patel], you’ve got Andrea [Leadsom]”.

Since resigning as shadow home secretary in 2008 in order to fight a by-election over the issue of 42-day detention, Davis has earned renown as one of parliament’s most redoubtable defenders of civil liberties. He was also, as he proudly reminded me, one of just two Tory MPs to originally vote against tax credit cuts (a record of rebellion that also includes tuition fees, capital gains tax, child benefit cuts, House of Lords reform, boundary changes and Syria).

Davis warned that that any attempt to withdraw the UK from the European Convention on Human Rights would be defeated by himself and “a dozen” other Conservatives (a group known as the “Runnymede Tories” after the meadow where Magna Carta was sealed).

“They’ve promised to consult on it [a British Bill of Rights], rather than bring it back. The reason they did that is because it’s incredibly difficult. They’ve got a conundrum: if they make it non-compliant with the ECHR, it won’t last and some of us will vote against it.

“If they make it compliant with the ECHR it is in essence a rebranding exercise, it’s not really a change. I’d go along with that ... But the idea of a significant change is very difficult to pull off. Dominic Raab, who is working on this, is a very clever man. I would say that, wouldn’t I? But I think even his brain will be tested by finding the eye of the needle to go through.”

Davis is hopeful of winning a case before the European Court of Justice challenging the legality of the bulk retention of communications data. “It’s a court case, court cases have a random element to them. But I think we’ve got a very strong case. It was quite funny theatre when the ECJ met in Luxembourg, an individual vs. 15 governments, very symbolic. But I didn’t think any of the governments made good arguments. I’m lucky I had a very good QC. Our argument was pretty simple: if you have bulk data collected universally you’ve absolutely got to have an incredibly independent and tough authority confirming this. I would be surprised if the ECJ doesn’t find in my favour and that will have big implications for the IP [Investigatory Powers] bill.”

Davis launched the legal challenge in collaboration with Labour’s deputy leader Tom Watson. He has also campaigned alongside Jeremy Corbyn, last year travelling to Washington D.C. with him to campaign successfully for the release of Shaker Aamer, the final Briton to be held in Guantanamo Bay.

“I like Jeremy,” Davis told me, “but the long and the short of it is that not having been on the frontbench at all shows. I’m not even sure that Jeremy wanted to win the thing. He’s never been at the Despatch Box. He’s up against a PM who’s pretty good at it and who’s been there for quite a long time. He’s playing out of his division at the moment. Now, he may get better. But he’s also got an incredibly schismatic party behind him, nearly all of his own MPs didn’t vote for him. We had a situation a bit like that with Iain Duncan Smith. Because we’re a party given to regicide he didn’t survive it. Because the Labour Party’s not so given to regicide and because he’d be re-elected under the system he can survive it.”

At the close of our conversation, I returned to the subject of the EU, asking Davis what Cameron needed to do to pacify his opponents in the event of a narrow Remain vote.

“He probably needs to open the government up a bit, bring in more people. He can’t take a vengeful attitude, it’s got to be a heal and mend process and that may involve bringing in some of the Brexiters into the system and perhaps recognising that, if it’s a very narrow outcome, half of the population are worried about our status. If I was his policy adviser I’d say it’s time to go back and have another go at reform.”

Davis believes that the UK should demand a “permanent opt-out” from EU laws “both because occasionally we’ll use it but also because it will make the [European] Commission more sensitive to the interests of individual member states. That’s the fundamental constitutional issue that I would go for.”

He ended with some rare praise for the man who denied him the crown.

“The thing about David Cameron, one of the great virtues of his premiership, is that he faces up to problems and deals with them. Sometimes he gets teased for doing too many U-turns - but that does at least indicate that he’s listening.”

George Eaton is political editor of the New Statesman.