Counter Terrorism and the IHL ( The question of Proportionality) Dr. Boaz Ganor Founder and Executive Director, ICT - The International Institute for Counter-Terrorism.

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Counter Terrorism and the IHL ( The question of Proportionality) Dr. Boaz Ganor Founder and Executive Director, ICT - The International Institute for Counter-Terrorism Deputy Dean, Lauder School of Government, Diplomacy and Strategy The Interdisciplinary Center, Herzliya, Israel Tel: , Fax: Web:

Modern Terrorism as a Psychological Warfare Attack Targeting Civilians Message Internal Public Opinion (Moral) Targeted Public Opinion (Anxiety) International P.O. ( Organization - Underdog Sympathy, Attention, Legitimacy) Terrorist Terrorist Organizations Organizations International Public Opinion (State – Delegitimizing) Counter Terrorism Attracted Fire -Human Shields- Targeting civilians Government Copyright © Dr. Boaz Ganor

Reverse asymmetry Mass casualty, CBRN Low intensity warfare? Asymmetric warfare? Conclusion - Multi dimensional warfare Dimensions: Modus operandi dimensions – terror, guerilla, insurgency Confrontational domain dimensions – military, criminal, economic, psychological Intensity level dimensions – low (“cold”) weapon, high (CBRN) Casualty scope dimensions – several - tens of thousands Copyright © Dr. Boaz Ganor

Classifications of actors in a multi-dimensional warfare: Civilians - Combatants Civilians - Combatants Operational activity Operational activity Active service Active service Combatants Unaffiliated to a hierarchical military framework Belong to a hierarchical military framework Civilians Non-involved Forced involvement Combatsupportivecivilians Non-operational activity Militia Combatant / reservist Before and after active service recruitment Copyright © Dr. Boaz Ganor

A Third category – Unlawful Combatants? Combatants Hierarchical Framework Non-hierarchical Framework Militia not in active service Militia in active service Militia Operational Combat Supportive Civilians Non-Operational Civilians Forced Involved Non-Involves Combatants Civilians Lawful Unlawful War Crime Criminal Activity

Green – Intentional strike permitted Classifications of actors in a multi-dimensional warfare: Civilians - Combatants Civilians - Combatants Operational activity Operational activity Active service Active service Combatants Unaffiliated to a hierarchical military framework Belong to a hierarchical military framework Red – Intentional strike forbidden C C CC C – Minimal proportionality level Civilians Non-involved Forced involvement Combatsupportivecivilians Non-operational activity Militia Combatant / reservist Before and after active service recruitment A – Maximal proportionality level – Obligation to protect the enemy civiliansA B –Intermediate proportionality levelBB B What is proportional? Copyright © Dr. Boaz Ganor