International humanitarian law (IHL) has been established for decades, and many are principally designed to protect civilians during armed conflict. In the case of the Gaza war against Israel, it is questionable whether the laws can be applied to Israel’s actions in the war, not whether Israel is abusing such laws.
Principle of Distinction
The driving themes of IHL surrounds mitigating the harm to non-combatants during hostilities. The first driver is, therefore, to distinguish between combatants and non-combatants. In most battles, this is easy to accomplish: during a clash on a battlefield, the only participants are soldiers. In urban warfare, this is much more difficult.
In the dense Gaza strip, this is virtually impossible.
The various military groups in Gaza are embedded and underneath almost every building and road. Hamas, the popular political-terrorist group that rules Gaza, built an entire infrastructure underneath the city with a maze of 500 kilometers of tunnels and storerooms. The hundreds of exit shafts for much of this infrastructure is located in houses and schools.
Additionally, Gazan combatants dress in civilian clothing and are members of groups which are touted to be neutral including the United Nations, the press and hospital staff.
If civilians and related infrastructure are enmeshed by premeditated design with an active military, then the civilians have become integrated into the war effort and renounced protections of distinction.
Principles of Proportionality and Precaution
IHL’s Principle of Proportionality is designed to minimize collateral damage to civilians when attacking legitimate military targets. It calls for a review of the situation and reducing armaments to make any incidental civilian harm be aligned to the relative military gain achieved. The related Precaution principle is one step further, to try to prevent any military action, if possible.
Israel has taken many actions to limit the harm to civilians – which have been harshly criticized, nevertheless.
- Withholding electricity and other aid. Israel has attempted to pressure Hamas and other militant groups – which seize all goods into Gaza – by withholding basic items like electricity so Israel would not have to use military force in the region. For those efforts, Israel is accused of causing a humanitarian catastrophe, rather than adhering to the Principles of Precaution
- Move civilians out of the field of battle. Israel has moved and continues to urge civilians to leave “hot” areas, only to be accused of “ethnic cleansing”
- Using ground forces. Israel could minimize its own casualties by only using air power against the terrorist enclave. Instead, it seeks a more targeted effort to eliminate combatants and protect civilians, for which it is criticized.
The vast majority of Gazans are in favor of killing Israeli civilians, voted for Hamas with its antisemitic genocidal charter, and supported the October 7 massacre. Gazans are part of the Hamas machinery, and the United Nations defends Hamas and demands that Israel not seek justice for its murdered civilians.
While Gazan authorities threaten to commit the October 7 barbarity over and again, Israel attempts to adhere to international law yet is criticized for it. Even though Israel left Gaza in 2005, and put in place a blockade only when Hamas took full control of the strip in 2007 to follow the Principle of Precaution, it is laughingly accused by international “human rights” groups of a “belligerent occupation.”
The terrorist enclave of Gaza has removed distinctions between civilians and militants, aid workers and terrorists, state and non-state actors, locals and international operators, and civilian infrastructure and military bases in a toxic brew. It defecates on all humanitarian norms while pointing both armaments and accusing fingers at Israel.
As the United Nations and Gazans have themselves destroyed all distinctions between combatants and non-combatants, and declared that Israel can never meet the standards of international humanitarian law, there is no basis to criticize Israel’s handling of its defensive war on such basis.
Related articles:
First Time In History, People Under ‘Genocide’ Reject Ceasefire. Repeatedly. (December 2024)
Palestinians Publicly Go Full Genocidal Jihadi (August 2024)
Ban Ki Moon Defecates on the Universal Declaration of Human Rights (December 2016)
UN’s Confusion on the Legality of Israel’s Blockade of Gaza (July 2015)
{Reposted from the author’s blog}
