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by tptacek 641 days ago
Under International Humanitarian Law it absolutely does make it OK if the owner of the phone is a militant. This is black letter Law of Armed Combat.
5 comments

No!

>Customary international humanitarian law prohibits the use of booby traps – objects that civilians are likely to be attracted to or are associated with normal civilian daily use – precisely to avoid putting civilians at grave risk and produce the devastating scenes that continue to unfold across Lebanon today. The use of an explosive device whose exact location could not be reliably known would be unlawfully indiscriminate, using a means of attack that could not be directed at a specific military target and as a result would strike military targets and civilians without distinction. A prompt and impartial investigation into the attacks should be urgently conducted.

Lama Fakih, Middle East and North Africa Director at Human Rights Watch

https://www.hrw.org/news/2024/09/18/lebanon-exploding-pagers...

These are not booby traps.
"Arguing over minutia to dilute and divest the focus from the main discourse" pattern detected again in this thread.
still: The use of an explosive device whose exact location could not be reliably known would be unlawfully indiscriminate, using a means of attack that could not be directed at a specific military target and as a result would strike military targets and civilians without distinction
>device whose exact location could not be reliably known would be unlawfully indiscriminate

Nope, artillery shells are not illegal and you can even miss where you are aiming! We once obliterated an entire French coastal village with naval gunfire on D-Day because information in war is imperfect.

Accidentally killing civilians is not illegal in war! If you have a "valid military target" who takes a cab from the airport, you can airstrike that cab and not violate the Geneva Conventions.

Consider that a nuke that you detonate in the center of a military base that also "just happens" to wipe out the entire city that base is in is not a war crime!

Yeah no you are targeting somewhere specific even if you miss.

This was a large scale indiscriminate attack. Which is entirely forbidden in Geneva Conventions.

It was a large scale extremely discriminating attack, from all available reporting, right? The Geneva Conventions and ICRC documentation on IHL are online, and have been cited repeatedly on these threads; could you cite the claim you're making, just so we're all clear what it is? People might agree or disagree, but a lot of pointless flaming is driven by people that don't even agree on what they're arguing about.
According to that definition they are:

"booby traps – objects that civilians are likely to be attracted to or are associated with normal civilian daily use"

That would hold true for something like a pay phone, but a personal electronic device, only used by the combatant, would not be associated with civilian use.
You're assuming your premise as your conclusion. I am not at all convinced about how many of those targeted yesterday actually qualify as combatants. Also, just because a combatant owns something does not make the thing military. Pagers are commonly used by people in emergency services, industrial technicians, and so on.
These pagers work only on Hezbollah's own military network. Lebanon literally had a civil war about this specific issue! People are doing a lot of axiomatic reasoning here about stuff they can look up.
A pager is a piece of consumer electronics definitely associated with civilian use. There's a story about a little girl who tried to hand her dad his pager from the dinner table and it blew up in her face. Civilians will not expect consumer tech devices to be bombs.
Her father wasn't a civilian. Had this been some other kind of strike, like a 500lb bomb, it still would have been considered legal collateral damage.
according to who? A little girl was killed today precisely because she picked up someones pager. On top of that solar panels (!!!) are blowing up across Lebanon right now, do those count? Are those somehow incontrovertibly "associated" with a combatant?
I think the solar panel thing isn't confirmed? And so far as I've seen, it's only reported to have happened in on place in Dahieh. If it is confirmed, you'll also be waiting for reporting and evidence that it was a supply chain attack on solar panels (seems unlikely), or a direct attack on that building.

(It seems unlikely to me because we have reason to believe the handsets and pagers shared a contract manufacturer or distributor. Mossad isn't like Gambit from the X-Men; they can't just make random things blow up.)

Attacking millitatns while they are in the middle of civilians, especially when they are not doing that as part of some hostage/human shield operation, is not OK.
The existing conventions do not prohibit attacking militants while they are in the middle of civilians, even if they are not doing that as part of some hostage/human shield operation. It may be considered morally not ok, but doing so does not violate any obligation.
That's not exactly true; it would depend on how you attacked the combatants, and how much collateral damage you caused. Civilian casualties must be proportionate to the military value of the target.

Reporting is still coming in on these attacks so virtually every comment on these huge long threads could end up falsified one way or the other, but from what I can tell, it looks like these attacks will not only clear that bar, but that they'll do so in a way unprecedented in the history of modern warfare. But we'll see!

For those unfamiliar with terms:

"Black Letter Law":

In common law legal systems, black-letter law refers to well-established legal rules that are no longer subject to reasonable dispute.[1] Black-letter law can be contrasted with legal theory or unsettled legal issues.

<https://en.wikipedia.org/wiki/Black-letter_law>

Searching for black letter and combat turns up:

International Institute of Humanitarian Law: The Manual on the Law of Non-International Armed Conflict With Commentary (2006)

Among definitions:

For the purposes of this Manual, fighters are members of armed forces and dissident armed forces or other organized armed groups, or taking an active (direct) part in hostilities.

(p. 4)

Civilians are all those who are not fighters.

(p. 5)

Military objectives are objects which by their nature, location, purpose, or use make an effective contribution to military action and whose total or partial destruction, capture, or neutralisation, in the circumstances at the time, offers a definite military advantage.

(p. 5)

<https://www.humanrightsvoices.org/assets/attachments/documen...>

(I'll note that one of the co-authors is affiliated with Tel Aviv University in Israel, though others do not appear to be Israeli.)

The US DoD publishes a law of war manual, last updated in 2023:

<https://media.defense.gov/2023/Jul/31/2003271432/-1/-1/0/DOD...>

Most people are not judges in the international court of justice. The legal technicalities are irrelevant.
I don't know what that is supposed to mean. There are norms of warfare and these attacks fall within them.
It means that those behind it will get the same treatment as known criminal getting away from punishment by the law due to technicalities.

More precisely, the Israeli politicians will not get sentenced by the courts of law but the Jewish people will suffer from increased antisemitism, politicians supporting the country of Israel will get unpopular and Israel will lose support. Israeli business will be considered risky.

They may do so, but you know perfectly well what the reaction would be if this happened to people in the US pursuant to an ongoing conflict.
I do. We'd go completely apeshit. People would lie about their age to join up, like after Pearl Harbor. So? That's war. War is very bad.
It is war, but I think there's a qualitative difference you're overlooking, which will inure to Israel's detriment. That difference is the use of asymmetric tactics traditionally employed by the weaker party, deployed by a logistically and technologically superior foe at scale.

Consider the incident a month or two back they assassinated a Hamas negotiator in Iran. That was also asymmetric (in that Iran is a super-hostile environment for any Israeli operations). But while people questioned the probity of assassinating a quasi-diplomat with whom you are ostensibly negotiating, and the Iranians were surely mightily pissed off, nobody serious was suggesting it was a war crime.

Here you're not only using something that feels like a 1950s idea of a remote controlled death ray, however selective, but also subjecting the civilian population who witnessed these thousands of parallel attacks to extreme psychological anxiety. The size of the HN threads on this indicate that a lot of people find it distressing because we live surrounded by such embedded electronics (I have 9 or 10 devices on my desk). Imagine how much worse it is for people who are out grocery shopping or whatever and see someone killed or horribly injured by an explosion right next to them.

I'm not sure I understand why this is "asymmetric warfare". I think that's a term that actually doesn't mean a whole lot, and mostly means "the things weaker adversaries use to level the field against stronger ones". I think a lot of what USSOCOM does/trains falls under the definition of "asymmetric", or would if you discarded the part of that definition that said "weaker opponent". Almost certainly†, conventional military tactics would kill far more civilians in Beirut than will ultimately end up dead in this attack.

I have another theory as to why we have very long threads on HN about how distressing these attacks are, but we don't need to dig into it on HN.

Again, I'm cognizant that we're still getting details about this attack.

When have thousands of consumer devices, in public circulation, been covert bombs set off in unison? This is far, far outside of the norms of warfare.

To the parent's point, I'm looking at my iPhone thinking that Israel would murder me with it if they wanted, and it absolutely does not make me support Israel.

Honestly, "norms of warfare" is just a rather ridiculous concept imposed by the winning side.
The international court of justice is irrelevant if you don't have nukes or guns to support your cause.
Were the children militants? What about hospital staff? And, how do you know who these people are? You don't, but you're all over this thread running cover for a terrorist attack. I've already seen plenty of reporting that many of these targeted people were not, in fact, militants, but simply political members of Hezbollah. Would you be running the same cover if Hezbollah, or Iran had targeted Knesset staff? Disgusting stuff man, truly odious.