Thursday, October 12, 2023

Laws of war

The main focus of the international laws of war is to protect civilians. The IDF is fighting this war according to the international laws of war, often going above and beyond what is required to avoid civilian casualties.

When I was studying ethics of war in the overseas, at a university not known for being sympathetic to Israel, many of my professors, including some who were pacifists often cited examples from the IDF in explaining how an ethical army should operate within the laws of war. I'm not saying the IDF is perfect, no human army is, but they are doing far more to protect civilians than any other military I've studied.

Under international law Hamas is responsible for all the civilians killed, wounded and otherwise harmed by its policy of willfully, intentionally embedding itself among civilians and civilian infrastructure, all of which is contrary to the laws of war, which also include for example the requirement for militaries to clearly identify themselves with uniforms or other insignia to distinguish themselves from the surrounding civilian population of non-combatants. Hamas consistently finds ways to breach these laws over and over again, that is its doctrine.

International law does not give Hamas a free pass because its fighters embed themselves among the civilian population and intentionally build tunnels, weapons depots and bases under and in the middle of civilian neighbourhoods and infrastructure, hospitals, schools, mosques.

To hold Israel culpable for civilian casualties under such circumstances would be to encourage the increased deliberate endangering of civilians as a tactic.
It would also be immoral and unethical to allow Hamas to commit atrocities and then let them claim immunity by taking refuge among civilians.

The implication of such criticism of Israel is that Israeli civilian lives do not merit being protected and that Israel should allow the continued massacre of its civilian population rather than endanger the lives of Palestinians being used a human shields by Hamas. That Palestinian lives must be protected at all costs, while Israelis should be allowed to be killed with impunity because Hamas hides behind Palestinian civilians and should therefore be untouchable. This equation is unethical and immoral. 

Hamas breached the existing ceasefire with the invasion of October 7th. It could end this war any time it chooses by releasing all the hostages and surrendering its forces.

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