Hague Convention

• More than a month after Hamas fighters killed 1,400 Israelis in a shock assault, bombs continue to fall on the Gaza Strip in reprisal Israeli attacks.
• “Proportionality” has a place in what is described as the “laws of war.” The Conversation turned to Robert Goldman, an expert on international humanitarian law at American University Washington College of Law, for guidance on some of the issues.

What are the ‘laws of war’?

• It also includes what is known as “customary law” – rules that are accepted by states a legally binding, but are not necessarily part of any formal treaty.
• It is important to understand that modern IHL is not concerned with the reasons for, or the legality of, going to war.

Can civilian structures ever be lawfully attacked?

• This is because they, unlike munitions factories and command and control centers, do not effectively contribute to military action.
• If enemy forces take up positions in these civilian structures, then they become military objectives and can be lawfully bombed if the raid would yield the attacking party a definite military advantage.

What exactly is the rule of proportionality?

• The rule of proportionality applies to all armed conflicts as part of customary IHL.
• As such, the rule does not apply to enemy combatants or civilians who are directly participating in hostilities.

• Such a determination requires a balancing of probabilities that take in foreseeable collateral civilian casualties and the relative importance of a particular military target.
• In addition, planners of a particular attack must choose a weapon that ideally will avoid or minimize likely civilian collateral damage.
• As such, the rule or proportionality requires the attacking party to place high priority on the timely collection and evaluation of target intelligence.

Is the rule of proportionality being observed in Gaza?

• That analysis should be based on timely, reliable and constantly updated target intelligence.
• Israeli military spokesmen have stated repeatedly that they are taking all feasible measures to avoid excessive collateral damage in their bombing campaign.
• Part of this article appeared in an earlier article published by The Conversation on Oct. 15, 2023.

Robert Goldman does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

• In November 2022, Ibrahim Faraj, a seven-year-old boy from Cheshire, was reportedly taken from England to Saudi Arabia by his father.
• She had taken him to school and his father, from whom she was separated, was supposed to collect him for the weekend.
• By the Saturday, however, his father had flown Ibrahim out of the country.
• Elkhalidi says she had repeatedly warned UK authorities that her son was at risk of abduction.

Insufficient legal deterrents

• Belaid reportedly returned two years later, without Talia, and was jailed for six and a half years.
• But in 2019, Symanowicz was still appealing to be able to see her daughter.
• The young people I interviewed testify to the harrowing effect of the enforced separation from the parent they leave behind.
• When I came to Libya, I was four years old, and I forgot how to speak English.
• Not only missing out on a relationship with my mother but also, now years later, it’s difficult to build our relationship.

International cooperation

• The Hague Convention on International Child Abduction 1980 operates in more than 100 countries.
• This means the courts in the country the child is abducted from are allowed to decide where the child should live.
• So far, the only Islamic law countries that have acceded to the convention are Morocco, Iraq, Pakistan and Tunisia.
• Prior to Brexit, the UK, being under EU law, did not have individual competence to decide whether to accept accessions.
• The US and New Zealand, among others, have accepted Pakistan’s accession and young nationals of those countries can now be protected by the international treaty.

• Krauss Shaknes Tallentire & Messeri LLP announced today that Malissa Osei and Justine Stringer have been promoted to partner, effective January 1, 2023.
• “We are fortunate to have worked with Malissa and Justine since the early stages of their careers, and we couldn’t be prouder of the lawyers they are today,” said KSTM founding partner Caroline Krauss .
• Before joining KSTM, she was an associate at Blank Rome, in one of the nation’s largest matrimonial practices.
• Justine is a member of the Women’s Bar Association’s Family Law Committee and the New York State Bar Association.

• BOSTON, Aug. 17, 2021 (GLOBE NEWSWIRE) -- Boston law firm Davis Malm announces that it has expanded its service offerings with the launch of its Divorce & Family Law practice.
• With over 25 years of experience in matrimonial law, Ms. Van Tine is a shareholder at Davis Malm.
• Davis Malm President Amy L. Fracassini said, CiCi and Kristine both bring a wealth of family law knowledge and experience to the firm.
• The launch of the Divorce & Family Law practice marks Davis Malms first foray into family law and joins a diverse array of legal services which includes practices in Banking & Credit, Business, Employment, Intellectual Property, Litigation, Real Estate & Environmental, and Regulatory & Administrative Law.