The rules of war as per the Geneva Convention are clear and adequate. That Hamas was in violation is obvious to even those with limited understanding. The next stages of this conflict most certainly will result in unwanted collateral damage. That will be shamelessly manipulated. The IDF must not become so fearful that they over-compensate and endanger themselves. The coming days will see fierce combat and public relations battles that Hamas and their supporters will seek to exploit. Ignore them and the international media. Do the right things, the right way, for the right reasons.
At this point, Hamas has committed war crimes targeting Israeli citizens and, consequently, Israel has presently captured the moral high ground in this conflict. Hamas’s mistake of targeting civilians with terrorist attacks, that are strictly forbidden by the Laws of Armed Conflict (LOAC). Because of their actions, Hamas has lost the moral initiative in the information war. The issue now is how Israel maintains the moral initiative.
For years, missile attacks targeting Israeli civilians is an everyday reality with little outrage from the world’s “humanitarians”. Now with this war shaping up to be a very deadly affair for the Palestinian civilians, the humanitarians, media, and states friendly to Hamas will begin an over whelming media rattle that killing civilians is a war crime. The real issue here is that Hamas is using civilians as shields. The LOAC is very specific on this subject:
“Article 51(7) of Additional Protocol I (1977) to the Geneva Conventions (1949):
The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favor or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations."
With Hamas taking hostages and refusing to evacuate their civilians, it is becoming obvious that they will use civilians as shields to limit the Israeli attacks on legitimate military objectives. Hamas will broadcast their war crime accusations of killing civilians at every opportunity and the humanitarians will echo those accusations along with the world media.
Part of this war will be an informational battle involving the LOAC. The LOAC principle of “Military Necessity” basically sets up a risk assessment weighing the balance between military objectives and collateral damage. However, using civilians as shields is a responsibility that Hamas must own and held accountable.
Hamas knows the sensitivity the US has regarding civilian deaths and they will use that sensitivity to their advantage. (They may see it as a good way to manipulate US public opinion to keep those two US Carrier Strike Groups out of the fight.) Unfortunately, Israel cannot look to the US military for help in setting the correct LOAC precedent. Our military leaders missed that opportunity in the two 20 year wars in Iraq and Afghanistan. Our senior military leaders do not understand that interpretation of the LOAC is a subjective process. The LOAC is subjective because it must be flexible enough to be applied to the ever changing nature of war and operational realities. The LOAC is there for the general officer’s protection and, more importantly, for the protection of the troops that fall under their command. The interpretation of the LOAC into standing ROEs should be exercised by combat leaders and not military lawyers. After all, is not determining Military Necessity in a combat operation a general officer’s job?
The good news is that Israel has some of the best international LOAC experts. The US has experts but our government and especially our military does not listen to them. To date Israel has been winning the LOAC informational war but as the Israeli military attacks significant challenges are on the way. Let us hope that our military leader’s professional knowledge regarding the LOAC will improve with some “lessons learned” from this conflict.
Iit seems more appropriate to outlaw war altogether and to neutralize aggressors who violate that law. Hamas and their intent and their actions show no respect for rules. If it is not possible to live with conditions then war has already begun, with or without violence.
Until humans advance to at least that level, military force must be maintained. I deeply respect that reality and all who serve.
The rules of war as per the Geneva Convention are clear and adequate. That Hamas was in violation is obvious to even those with limited understanding. The next stages of this conflict most certainly will result in unwanted collateral damage. That will be shamelessly manipulated. The IDF must not become so fearful that they over-compensate and endanger themselves. The coming days will see fierce combat and public relations battles that Hamas and their supporters will seek to exploit. Ignore them and the international media. Do the right things, the right way, for the right reasons.
I am deeply moved by this magnificent essay.
During this time of great menace,
Not only for Israel,
Not only for the Jewish people,
But (in my opinion)
A time of great menace
For all who don't wish to eventually become subjugated by Islamist hegemony,
Your words remained steadfast and strongly committed, more so than most others that I have read or heard, to the principles that matter most to me.
I refer to principles that emphasize honor, truth, fealty to Judeo/Christian values.
Respectfully
Ira Berkowitz
At this point, Hamas has committed war crimes targeting Israeli citizens and, consequently, Israel has presently captured the moral high ground in this conflict. Hamas’s mistake of targeting civilians with terrorist attacks, that are strictly forbidden by the Laws of Armed Conflict (LOAC). Because of their actions, Hamas has lost the moral initiative in the information war. The issue now is how Israel maintains the moral initiative.
For years, missile attacks targeting Israeli civilians is an everyday reality with little outrage from the world’s “humanitarians”. Now with this war shaping up to be a very deadly affair for the Palestinian civilians, the humanitarians, media, and states friendly to Hamas will begin an over whelming media rattle that killing civilians is a war crime. The real issue here is that Hamas is using civilians as shields. The LOAC is very specific on this subject:
“Article 51(7) of Additional Protocol I (1977) to the Geneva Conventions (1949):
The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favor or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations."
With Hamas taking hostages and refusing to evacuate their civilians, it is becoming obvious that they will use civilians as shields to limit the Israeli attacks on legitimate military objectives. Hamas will broadcast their war crime accusations of killing civilians at every opportunity and the humanitarians will echo those accusations along with the world media.
Part of this war will be an informational battle involving the LOAC. The LOAC principle of “Military Necessity” basically sets up a risk assessment weighing the balance between military objectives and collateral damage. However, using civilians as shields is a responsibility that Hamas must own and held accountable.
Hamas knows the sensitivity the US has regarding civilian deaths and they will use that sensitivity to their advantage. (They may see it as a good way to manipulate US public opinion to keep those two US Carrier Strike Groups out of the fight.) Unfortunately, Israel cannot look to the US military for help in setting the correct LOAC precedent. Our military leaders missed that opportunity in the two 20 year wars in Iraq and Afghanistan. Our senior military leaders do not understand that interpretation of the LOAC is a subjective process. The LOAC is subjective because it must be flexible enough to be applied to the ever changing nature of war and operational realities. The LOAC is there for the general officer’s protection and, more importantly, for the protection of the troops that fall under their command. The interpretation of the LOAC into standing ROEs should be exercised by combat leaders and not military lawyers. After all, is not determining Military Necessity in a combat operation a general officer’s job?
The good news is that Israel has some of the best international LOAC experts. The US has experts but our government and especially our military does not listen to them. To date Israel has been winning the LOAC informational war but as the Israeli military attacks significant challenges are on the way. Let us hope that our military leader’s professional knowledge regarding the LOAC will improve with some “lessons learned” from this conflict.
Iit seems more appropriate to outlaw war altogether and to neutralize aggressors who violate that law. Hamas and their intent and their actions show no respect for rules. If it is not possible to live with conditions then war has already begun, with or without violence.
Until humans advance to at least that level, military force must be maintained. I deeply respect that reality and all who serve.
Thermobaric munitions, smoke and CS gas are made for what the Israelis will experience in Gaza...Rubble, partially destroyed buildings, etc.
This is a follow up on my comments from the "Lawfare" website. The General states it much better than I. Professional reading for those interested.
https://sites.duke.edu/lawfire/2023/10/15/five-ideas-to-counter-hamas-lawfare-strategy-and-why/