"Israeli War Crimes"

Disproportionate Use of Force and War Crimes by Israel in Military Operations

1. Context of Asymmetric Warfare:

- Nature of the Enemy: Hamas and Hezbollah are internationally recognized terrorist organizations that employ asymmetric warfare tactics. They embed themselves within civilian populations, deliberately placing military assets in or near homes, schools, and hospitals to exploit civilian casualties for propaganda purposes.

- Intention to Maximize Civilian Casualties: These groups intentionally launch attacks from civilian areas to provoke Israeli retaliation that could result in civilian casualties, which they then use to gain international sympathy and condemn Israel.

2. Israel’s Legal and Ethical Conduct:

- Adherence to International Law: The Israeli Defense Forces (IDF) adhere to the Law of Armed Conflict (LOAC) and international humanitarian law. The IDF’s rules of engagement are designed to minimize civilian harm, with legal advisers involved in operational planning.

- Investigations and Accountability: Israel investigates allegations of war crimes through its independent judiciary and military bodies. For example, the IDF conducted investigations after Operation Protective Edge (2014), assessing the legality of actions taken and holding individuals accountable when necessary. In the Israel Defense Forces, no soldier can take the law into their hands, and if they do, they face charges as recorded in the case of Elor Azaria.

3. Efforts to Minimize Civilian Casualties:

- Advanced Warning Systems: The IDF employs methods such as “roof knocking” (dropping non-explosive devices on roofs), phone calls, leaflets, and text messages to warn civilians to evacuate targeted areas before strikes. This practice is unparalleled in modern warfare and is a clear demonstration of Israel's efforts to avoid civilian casualties.

- Precision Strikes: Israel uses precision-guided munitions to target military threats while minimizing collateral damage. Despite the challenges of urban warfare, Israel’s use of such technology aims to reduce unintended harm to civilians. One example out of many others is the elimination of Fuad Shukr, who was the military chief commander of Hezbollah, Israeli Air Force eliminated him in the heart of Beirut, and managed to hit only his apartment in the very busy capital of Lebanon.

4. Comparative Analysis of Civilian Casualties:

- Global Conflict Comparisons: Civilian casualties in conflicts involving Israel are often lower compared to other conflicts in similar contexts. For example, in the 2014 Gaza conflict, about 50% of the casualties were combatants, according to IDF data, a figure that is often lower than civilian casualty rates in other urban conflicts. In the 2024 Israel-Gaza war, military experts like John Spencer who is the head of urban warfare at West Point; said that Israel set a new record in urban warfare - creating a 1:1 combatant-to-civilian ratio, something that has never been done before.

- Proportionality in Warfare: The principle of proportionality in warfare requires that the military advantage gained by an operation must outweigh the harm to civilians. Israel’s military actions aim to neutralize immediate threats, such as rocket fire targeting civilian areas in Israel, and are proportionate to the level of threat. In the wars Israel is fighting, it's inhumane to require of Israel to respond in a "proportionate" way, especially since it is dealing with enemies that kidnap civilians, rape women and burn victims alive - the world cannot expect Israel to act in such a way for the sake of "proportionality". Israel is not like Hamas, and it is not like Hezbollah. Israel is Israel - and it upholds the highest standards of human rights.

5. The Role of Hamas and Hezbollah in Civilian Casualties:

- Use of Human Shields: Both Hamas and Hezbollah have a documented history of using civilians as human shields. This includes storing weapons in residential areas, launching rockets from civilian neighborhoods, and using civilians to deter Israeli strikes. These actions are clear violations of international law and contribute significantly to civilian casualties. One Hamas commander even said in an interview that the tunnels are for Hamas, and what's above the tunnels is for the civilians. In other words, he confessed that they are hiding underneath civilian neighborhoods.

- Indiscriminate Attacks on Israeli Civilians: Hamas and Hezbollah's rocket attacks target Israeli civilians indiscriminately, without regard for military targets, constituting war crimes. The Iron Dome missile defense system mitigates the casualties on the Israeli side, but the intent to cause maximum civilian harm is evident.

6. Historical Examples and Numbers:

- Operation Cast Lead (2008-2009): During this operation, Israel was accused of disproportionate force. However, investigations showed that Hamas had used civilian areas for military purposes. Despite these challenges, Israel’s military actions were within the bounds of international law.

- Operation Protective Edge (2014): In this conflict, approximately 2,100 Palestinians were killed, of which Israel estimates around 50% were combatants. This was a direct consequence of Hamas’s strategy of using civilians as shields. Conversely, the IDF took extensive measures to minimize harm to civilians, despite the difficult urban combat environment.

7. Addressing the War Crimes Accusations:

- Accusations of War Crimes: Accusations of war crimes are serious and warrant thorough investigation. Israel has a robust legal framework for investigating such claims, and the IDF has faced scrutiny from both domestic and international bodies.

- Selective Focus on Israel: The disproportionate focus on Israel in accusations of war crimes, while ignoring or downplaying the actions of Hamas and Hezbollah, reveals a double standard. It is essential to hold all parties accountable, not just Israel, to maintain the integrity of international law.

8. The Complexity of Proportionality:

- Misunderstanding Proportionality: The accusation of disproportionate force often stems from a misunderstanding of what proportionality means in a military context. Proportionality does not mean equal casualties on both sides but rather that the force used is necessary and proportionate to the military objective. Given the existential threats Israel faces, its military responses are calibrated to neutralize these threats while striving to minimize civilian harm.

- Necessity of Military Actions: Israel’s military actions are driven by the necessity to protect its civilian population from imminent threats, including rocket attacks, tunnels used for terrorist incursions, and other forms of aggression. The scale and intensity of Israel’s response must be understood in the context of the severe threats posed by Hamas and Hezbollah.

Conclusion:

- Balancing Security and Ethics: Israel’s military operations, particularly in conflicts with Hamas and Hezbollah, are conducted with a focus on balancing the need to protect its citizens with the ethical imperative to minimize civilian casualties. The accusations of disproportionate use of force and war crimes often overlook the complex realities of asymmetric warfare, the deliberate tactics of terrorist organizations, and Israel’s extensive efforts to comply with international law.