This article, written by an expert in urban warfare, uses evidence to demonstrate that Israel is not committing war crimes, despite what some are saying.
From CNN. All war is hell. All war is killing and destruction, and historically civilians are inordinately the innocent victims of wars. Urban warfare is a unique type of hell not just for soldiers, who face assaults from a million windows or deep tunnels below them, but especially for civilians. …
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The destruction and suffering, as awful as they are, don’t automatically constitute war crimes … Scenes of devastation, like Israel’s strikes on the Jabalya refugee camp in northern Gaza earlier this week, quickly spark accusations that Israel is engaging in war crimes, such as indiscriminately killing civilians and engaging in revenge attacks. But war crimes must be assessed on evidence and the standards of armed conflict, not a quick glimpse at the harrowing aftermath of an attack.
Hamas forces indisputably violated multiple laws of war on October 7 in taking Israelis hostage and raping, torturing and directly targeting civilians, as well continuing to attack Israeli population centers with rockets. Years of intelligence assessments and media reports have shown that Hamas also commits war crimes by using human shields for its weapons and command centers and by purposely putting military capabilities in protected sites like hospitals, mosques and schools.
On the other hand, nothing I have seen shows that the Israel Defense Forces are not following the laws of wars in Gaza … The factors that need to be assessed are the major dimensions of the most commonly agreed to international humanitarian law principles: military necessity, proportionality, distinction, humanity and honor. …
Though Gaza’s legal status is unresolved under international law, Israel needs no permission to enter the territory and resort to using force in order to wage defensive operations because Israel’s right to immediate and unilateral self-defense in accordance with Article 51 of the UN Charter is universally recognized.
Israel has pledged to obey international law, and one of its cornerstones is proportionality. … But proportionality is actually a requirement to take into account how much civilian harm is anticipated in comparison to the expected concrete and direct military advantage, according to UN protocols. In other words, a high civilian death count in Jabalya could potentially be considered legal under international law so long as the military objective is of high value. The Israel Defense Forces said the intended target in this case was the senior Hamas commander who oversaw all military operations in the northern Gaza; neutralizing him is an objective that most likely clears the proportional bar. …
The attack also passes muster on the level of “military necessity,” the principle that the action was necessary to pursue an allowed military goal (killing enemy troops), rather than an illegal goal (causing civilians to suffer). The IDF has said that its aim is to remove the rockets, ammunitions depot, power and transportation systems Hamas has embedded within their civilian population. …
Of the remaining principles of the law of war – distinction, humanity … and honor in conduct of waging war – the principle of distinction is the most complex. Distinction requires Israel to “distinguish between the civilian population and combatants” and between civilian facilities and military targets, while taking all feasible precautions to avoid civilian casualties. So far I have seen the IDF implementing – and in some cases going beyond – many of the best practices developed to minimize the harm of civilians in similar large-scale urban battles. …
When Hamas uses a hospital, school or mosque for military purpose, it can lose its protected status and become a legal military target. Israel must still make all feasible attempts to get as many civilians out of the site as possible, but the sites don’t need to be clear of civilians before being attacked. …
Like all similar conflicts in modern times, a battle in Gaza will look like the entire city was purposely razed to the ground or indiscriminately carpet bombed – but it wasn’t. Israel possesses the military capacity to do so, and the fact that it doesn’t employ such means is further evidence that it is respecting the rules of war. It is also a sign that this is not revenge – a gross mischaracterization of Israeli aims – but instead a careful defensive campaign to ensure Israel’s survival.
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(Excerpt from CNN. Photo Credit: Ahmad Hasaballah/Getty Images)
