Published evidence file

Michael N. Schmitt's conditional area-targeting discussion (7 December 2023)

schmitt-conditional-area-targeting-discussion-2023-12-07

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Partly supported / context needed

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Claim

Michael N. Schmitt's conditional area-targeting discussion (7 December 2023).

Summary

This record verifies a dated author passage by Michael N. Schmitt, hosted by the Lieber Institute, not institutional endorsement or a binding legal ruling. His condition concerns inability to identify individual military objectives or strike them separately in the circumstances; his next example forbids destroying an area when separate strikes are possible. Counter-context: Additional Protocol I, Article 51(4)-(5), prohibits indiscriminate attacks and specifies area bombardment and disproportionate attacks (https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51). The author's gloss is not treaty wording or an established exception. Proportionality and precautions remain constraints. Neither the capabilities in any particular attack nor its lawfulness are established here. The Institute expressly disclaims endorsement; the author says this series does not determine compliance of the operation.

Debunk

Assessment

Verified author passage only. This record verifies a dated author passage by Michael N. Schmitt, hosted by the Lieber Institute, not institutional endorsement or a binding legal ruling. His condition concerns inability to identify individual military objectives or strike them separately in the circumstances; his next example forbids destroying an area when separate strikes are possible. Counter-context: Additional Protocol I, Article 51(4)-(5), prohibits indiscriminate attacks and specifies area bombardment and disproportionate attacks (https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51). The author's gloss is not treaty wording or an established exception. Proportionality and precautions remain constraints. Neither the capabilities in any particular attack nor its lawfulness are established here. The Institute expressly disclaims endorsement; the author says this series does not determine compliance of the operation.

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Distinguishes dated attributed reporting from independent factual or legal findings.

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claim_sourceverifiedLieber Institute for Law and Warfare2023-12-07

Michael N. Schmitt's conditional area-targeting discussion (7 December 2023)

Absent either capability, area targeting is permissible subject to the rules of proportionality and the requirement to take precautions in attack.

This record verifies a dated author passage by Michael N. Schmitt, hosted by the Lieber Institute, not institutional endorsement or a binding legal ruling. His condition concerns inability to identify individual military objectives or strike them separately in the circumstances; his next example forbids destroying an area when separate strikes are possible. Counter-context: Additional Protocol I, Article 51(4)-(5), prohibits indiscriminate attacks and specifies area bombardment and disproportionate attacks (https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51). The author's gloss is not treaty wording or an established exception. Proportionality and precautions remain constraints. Neither the capabilities in any particular attack nor its lawfulness are established here. The Institute expressly disclaims endorsement; the author says this series does not determine compliance of the operation.

Open source
Show URL

https://lieber.westpoint.edu/attacking-hamas-part-ii-rules/

Claim sourceLieber Institute for Law and WarfareClaim-side sourceSource reliability: high

Michael N. Schmitt's conditional area-targeting discussion (7 December 2023)

Bottom-source disposition: publisher evidence of author commentary only. This record verifies a dated author passage by Michael N. Schmitt, hosted by the Lieber Institute, not institutional endorsement or a binding legal ruling. His condition concerns inability to identify individual military objectives or strike them separately in the circumstances; his next example forbids destroying an area when separate strikes are possible. Counter-context: Additional Protocol I, Article 51(4)-(5), prohibits indiscriminate attacks and specifies area bombardment and disproportionate attacks (https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51). The author's gloss is not treaty wording or an established exception. Proportionality and precautions remain constraints. Neither the capabilities in any particular attack nor its lawfulness are established here. The Institute expressly disclaims endorsement; the author says this series does not determine compliance of the operation.

Locator: Indiscriminate Attack Tactics, third prose paragraph, third sentence; read with preceding capability condition and following three-building example.

Quote rule: Indiscriminate Attack Tactics, third prose paragraph, third sentence; read with preceding capability condition and following three-building example.

Open source
Show URL

https://lieber.westpoint.edu/attacking-hamas-part-ii-rules/

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Michael N. Schmitt's conditional area-targeting discussion (7 December 2023) | The World against Israel Case