Scott Ritter: Russia, Israel, and the Law of War Regarding Civilians

By Scott Ritter at sputnikglobe.com

Israel, like all countries, has a right to defend itself against an invading or occupying power. However, in the case of the Palestinians, Isreal is the occupying and invading power.

There has been much discussion in the aftermath of Hamas’ October 7 attack on Israeli military bases and settlements in the vicinity of Gaza related to issues of legitimate self-defense and the legality surrounding Israel’s use of force in response to that attack.

Inevitably, this discussion leads to an effort to compare Russia’s conduct in the Special Military Operation with Israel’s behavior to date regarding Gaza. The particular example of Mariupol is often raised as a point of comparison with the ongoing Israeli operation in Gaza. While it is far too soon to be able to make such a direct comparison of those two battles, one can examine the foundation of international law relied upon by both Russia and Israel in justifying their respective military operations. Sadly, Israel is found wanting.

Russia has cited the inherent right of individual and collective self-defense, as enshrined in Article 51 of the Charter, as justification for the initiation of its military operation.

Article 51 reads as follows:

“Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.”

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