Israel IS following rules of war

Widespread claims of war crimes against Israel have been made following Israel's military response to Hamas's unprecedenteed massacre of 1200 Israeli civilians and taking of 250 hostages on Oct 7. Even before Israel had organized any response Israel was being warned by Australia's foreign minister, Penny Wong to 'exercise restraint'. Everyone seems to accept that Israel has a right to self defense but they fall short of allowing Israel to do so unreservedly. Most often they add some qualification, warning Israel to follow the rules of war.  This is despite any evidence of Israel ever having not done so! And adespite Hamas , repeatedly, having broken the rules of war and perpetrating war crimes. 

Few commentators have clarified the rules of war to inform the public.  So any attempt is worth circulating. 

John Spencer is certainly well qualified to assess Israel's compliance with the 'rules of war;. See his bio below.

John Spencer is chair of urban warfare studies at the Modern War Institute (MWI) at West Point, codirector of MWI’s Urban Warfare Project and host of the “Urban Warfare Project Podcast.” He served for 25 years as an infantry soldier, which included two combat tours in Iraq. He is the author of the book “Connected Soldiers: Life, Leadership, and Social Connection in Modern War” and co-author of “Understanding Urban Warfare.” 

In his article titled Opinion: I’m an expert in urban warfare. Israel is upholding the laws of war
published on CNN's Website, he covers the core issues.

War Realities:

• All war involves killing and destruction, with civilians historically suffering the most in conflicts, especially in urban warfare.
• Urban warfare presents unique challenges, impacting both soldiers and civilians, with noncombatants often constituting the majority of casualties.
• Approximately 90% of casualties in modern urban wars involve civilians, even when led or supported by Western powers.

War Crimes and Legal Assessments:

• Destruction and suffering in war don't automatically constitute war crimes; accusations must be assessed based on evidence and armed conflict standards.
• Hamas violated multiple laws of war, including taking hostages, targeting civilians, and using human shields.
• Israel's actions are subject to examination based on international humanitarian law principles, including military necessity, proportionality, distinction, humanity, and honour.

International Support for Israel:

President Joe Biden and European countries support Israel's self-defence, recognizing its right to immediate and unilateral self-defence under Article 51 of the UN Charter.

Israel's Pledge to International Law:

• Israel pledged to obey international law, with proportionality as a cornerstone, requiring consideration of civilian harm compared to military advantage.
• Israel's actions, including targeting a senior Hamas commander, align with military necessity and proportionality principles.
• IDF implements practices to minimize harm, such as warning civilians before strikes and providing evacuation routes.

Complex Principle of Distinction:

The principle of distinction requires Israel to differentiate between civilians and combatants, aiming to minimize civilian casualties.

Challenges in Urban Warfare:

Emptying a city of civilians before the urban battle is essentially impossible, posing challenges for minimizing harm.

Israel's Efforts and Cooperation:

Israel takes steps to constrain forces, provide safe areas, and cooperate with the US to facilitate humanitarian aid entry into Gaza.

Reality of Pursuing a Terrorist Organization:

Pursuing a terrorist organization in urban areas creates a nightmarish landscape, reminiscent of past campaigns against groups like Al Qaeda and ISIS.

Evidence of Respect for Rules of War:

The visual impact of conflict in Gaza doesn't indicate indiscriminate bombing. Israel's restraint in using full military capacity suggests adherence to rules of war.

Defensive Campaign for Survival:

Israel's actions are framed as a defensive campaign to ensure its survival, challenging the characterization of revenge.

In summary ;

"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."

What can Israel do to protect its citizens?

Following the horrendous terrorist attack on Israeli civilians by Hamas, Israel has declared war not on Gaza, not on Palestinian civilians, but on Hamas. Waging war on Hamas, ensconced in a built-up city surrounded by Palestinian civilians, presents very serious military challenges.

At the same time waging a war against a foe that has no ethical constraints also presents a different set of ethical challenges. Hamas has perpetrated the most horrendous atrocities in their attack on civilians. They raped, burnt, decapitated, over 1000 women, children, the elderly, and even babies. They have taken hundreds of Israeli civilians as hostages, and will again use their own population as hostages, and human shields. Many Western Leaders, including Joe Biden and Anthony Albanese, remind Israel to obey the 'rules of war'. Yet Hamas has absolutely no intention of following any such ‘rules of war”. Hamas has built its infrastructure in schools, mosques and hospitals, and uses the media to claim Israel perpetrates war crimes even when Israel targets the very launch points of terrorist rockets.

This strategy has worked for Hamas well in the past. It only takes a bombing of a hospital together with a few pictures or videos of victims to mobilize a worldwide outcry condemning Israel.

This was demonstrated just this week when Hamas claimed that Israel had bombed a hospital and killed 500 people. This led to immediate widespread condemnation of Israel, even before the facts could be fully uncovered. Jordan cancelled a meeting with Biden, Trudeau denounced Israel, and even Albanese again reminded Israel of the rules of war. However, evidence clearly shows that rather than being an Israeli bomb, the explosion was caused by a missile launched by Islamic Jihad that misfired and fell on the hospital parking lot. Interception of communications between Hamas operatives also proves that Hamas knew this even before it called in its media supporters to spread the lie.

So how does Israel follow the rules of war? What is a proportional response? How does Israel protect its citizens, free the hostages, and eliminate Hamas while minimizing the loss of life of Palestinian civilians?

Difficult questions. But who better to shed some light than Alan Dershowitz, emeritus law professor at Harvard? Dershowitz recently posted a discussion on this very subject on an episode of his ‘Dershow’ titled Hamas, Human Shields and Civilians.

I recommend you watch the episode yourself, but here are some of the key points; - 

• The rules of war do not restrict a military's response to any attack as long as it is directed at the military of the attacking force.
• The right to self defence allows a disproportionate response, an overwhelming response, as long as it is directed at the opposing military and military targets 
• The principle of proportionality requires that any attack against a military target must be evaluated taking into account the likelihood of collateral damage on civilians. 
• An attack on a hospital operating as a hospital with possibly hundreds of civilians and several enemy militants and arms would not pass this principle. 
• At the same time, an attack on a mosque with multiple enemy combatants with just a few civilians would be acceptable, despite the collateral harm to civilians. 
• The judgement is made by the military. 

Of course, this is a very short summary, I suggest you watch the video.

In response to Hamas' attack, Israel has closed its borders to Gaza and stopped supplying it with water and electricity. (One could of course ask why doesn't Gaza have its own sources of both. After all, it has received substantial aid over the years and it could easily have built desalination plants and power stations. But it seems they have used all their aid money to build rockets and terror infrastructure. ) Israel has called up reservists and stationed a large ground force ready for a ground attack. It has urged the civilian population to leave Gaza City. This is no easy task of course, and Hamas is telling the population to stay put. Nevertheless, large numbers have left the city.

Israel has committed to turn on both electricity and water once the hostages are returned. They have also been asking Egypt to open its border with Gaza to allow humanitarian aid into the city.

Certainly, the civilians in Gaza have experienced massive upheaval in their lives. No doubt there have been civilian deaths as the extensive bombing will have consequences. And I have total sympathy for them, for they are also victims. Victims of their Hamas leaders.

Disappointingly but not surprisingly it has only taken one week for the sympathy of the world to be washed away by a whole sea of Palestinian supporters. Supporters who seem to have lost their moral compass. They march, shouting antisemitic tropes and denouncing Israel and all Jews. It is unseemly and dangerous. They empower the terrorists when they should be doing the opposite. 

What would they do if they were in Israel's position? What do they think Israel should do to protect its citizens? What would they think was reasonable?

Given that none of this would have happened to Gazan civilians if Hamas had not launched its attack, if you need to blame anyone it should be the aggressor. After all, whose fault is it if your own citizens die as a result of the war you started?

Despite the pro-Palestinian, anti-Israeli mob blaming Israel for the death of Gaza's civilians, that view is morally bankrupt. Each and every death resulting from Hamas' direct attack, and Israel's response to prevent such attacks must be blamed on Hamas. It is as simple as that.