Eveniment

WASHINGTON – Israel did not violate the rules of war during its recent Gaza operation, a new US study says, while praising the IDF's "impressive improvements" since the war against Hizbullah in 2006.

Israel "deliberately used decisive force to enhance regional deterrence and demonstrate that it had restored its military edge," wrote Anthony H. Cordesman of the Center for Strategic and International Studies. "These, however, are legitimate military objectives in spite of their very real humanitarian costs."

The study notes that "political efforts to manipulate the "rules of war and humanitarian considerations have become a key weapon in asymmetric warfare, and are often used as a basis for propaganda and gaining political leverage in this type of conflict."

"Real suffering is translated into exaggerated charges and numbers that cannot be validated by reliable data or methodology," the study says. "In practice, even if Israel had agreed to all of the conventions involved, they are severely limited and often difficult or impossible to apply to the realities of war — even one fought with restraint and a focus on military targets."

'Noting new about such tactics'
Cordesman notes that "Some buildings like schools merit special consideration, but only require review to determine whether they are really military targets. Hospitals require warning but are not protected if used by an enemy."

"White phosphorous can be used against military but not civilian targets," he adds, noting that "such laws and conventions do not bind or restrain non-state actors like Hamas in any meaningful way."

"The end result is a situation where one side can potentially be limited by international law where the other is not, and that effectively makes international law a potential weapon for the side that rejects and exploits it," the study says. "It is also a situation that empowers and incentivizes extremists to use civilians as the equivalent of human shields by embedding their forces in civilian populations and areas, and using sensitive buildings like mosques and schools or collocating near them. There is nothing new about such tactics."

When senior Israel Defense Forces officers are asked about the killing of hundreds of Palestinian civilians during the fighting in the Gaza Strip, they almost all give the same answer: The use of massive force was designed to protect the lives of the soldiers, and when faced with a choice between protecting the lives of Israeli soldiers and those of enemy civilians under whose protection the Hamas terrorists are operating, the soldiers take precedence.

The IDF's response to criticism does not sound improvised or argumentative. The army entered Gaza with the capacity to gauge with relatively high certainty the impact of fighting against terror in such a densely populated area. And it operated there not only with the backing of the legal opinion of the office of the Military Advocate General, but also on the basis of ethical theory, developed several years ago, that justifes its actions.

Prof. Asa Kasher of Tel Aviv University, an Israel Prize laureate in philosophy, is the philosopher who told the IDF that it was possible. In a recent interview with Haaretz Kasher said the army operated in accordance with a code of conduct developed about five years ago for fighting terrorism.


"The norms followed by the commanders in Gaza were generally appropriate," Kasher said. In Kasher's opinion there is no justification for endangering the lives of soldiers to avoid the killing of civilians who live in the vicinity of terrorists. According to Kasher, IDF Chief of Staff Gabi Ashkenazi "has been very familiar with our principles from the time the first document was drafted in 2003 to the present."

Kasher's argument is that in an area such as the Gaza Strip in which the IDF does not have effective control the overriding principle guiding the commanders is achieving their military objectives. Next in priority is protecting soldiers' lives, followed by avoiding injury to enemy civilians. In areas where Israel does have effective control, such as East Jerusalem, there is no justification for targeted killings in which civilians are also hit because Israel has the option of using routine policing procedures, such as arrests, that do not endanger innocent people.

Prof. Kasher has strong, long-standing ties with the army. He drafted the IDF ethical code of conduct in the mid-1990's. In 2003 he and Maj. Gen Amos Yadlin, now the head of Military Intelligence, published an article entitled "The Ethical Fight Against Terror." It justified the targeted assassination of terrorists, even at the price of hitting nearby Palestinian civilians. Subsequently Kasher, Yadlin, and a team that included IDF legal experts wrote a more comprehensive document on military ethics in fighting terror. Lt. Gen. Moshe Ya'alon, who was the IDF Chief of Staff at the time, did not make the document binding but Kasher says the ideas in the document were adopted in principle by Ya'alon and his successors. Kasher has presented them to IDF and Shin Bet security service personnel dozens of times.

"The article was translated into English and published in a military ethics journal and is still being debated around the world," Kasher said. "The feedback is generally positive, although the message is difficult to digest. In the end, everyone acknowledges that they conduct themselves this way. There is no army in the world that will endanger its soldiers in order to avoid hitting the neighbors of an enemy or terrorist. The media don't understand the nature of international law. It's not like tough traffic laws. Much of it is customary law. The decisive question is how enlightened countries conduct themselves. We in Israel are in a key position in the development of law in this field because we are on the front lines in the fight against terrorism. This is gradually being recognized both in the Israeli legal system and abroad. After the debate before the High Court of Justice on the issue of targeted killings there was no need to revise the document that Yadlin and I drafted even by one comma. What we are doing is becoming the law. These are concepts that are not purely legal, but also contain strong ethical elements.

"The Geneva Conventions are based on hundreds of years of tradition of the fair rules of combat. They were appropriate for classic warfare, where one army fought another. But in our time the whole business of rules of fair combat has been pushed aside. There are international efforts underway to revise the rules to accommodate the war against terrorism. According to the new provisions, there is still a distinction between who can and cannot be hit, but not in the blatant approach which existed in the past. The concept of proportionality has also changed. There is no logic in comparing the number of civilians and armed fighters killed on the Palestinian side, or comparing the number of Israelis killed by Qassam rockets to the number of Palestinians killed in Gaza."

When asked whether the IDF should be guided in its operations in Gaza by the concept that there should be zero tolerance for endangering the lives of soldiers, Kasher responds, "The soldiers' lives are endangered by virtue of their very presence in Gaza, by virtue of the fact that we send them to an area where there are enemy snipers and explosives set to go off in areas where the IDF is present. Sending a soldier there to fight terrorists is justified, but why should I force him to endanger himself much more than that so that the terrorist's neighbor isn't killed? I don't have an answer for that. From the standpoint of the state of Israel, the neighbor is much less important. I owe the soldier more. If it's between the soldier and the terrorist's neighbor, the priority is the soldier. Any country would do the same."

Top 5 Lies About Israel’s Assault on Gaza

Lie 1) Israel is only targeting legitimate military sites and is seeking to protect innocent lives. Israel never targets civilians.
The Gaza Strip is one of the most densely populated pieces of property in the world. The presence of militants within a civilian population does not, under international law, deprive that population of their protected status, and hence any assault upon that population under the guise of targeting militants is, in fact, a war crime.
Moreover, the people Israel claims are legitimate targets are members of Hamas, which Israel says is a terrorist organization. Hamas has been responsible for firing rockets into Israel. These rockets are extremely inaccurate and thus, even if Hamas intended to hit military targets within Israel, are indiscriminate by nature. When rockets from Gaza kill Israeli civilians, it is a war crime.
Israel or Hamas who broke the truce :
Hamas has a military wing. However, it is not entirely a military organization, but a political one. Members of Hamas are the democratically elected representatives of the Palestinian people. Dozens of these elected leaders have been kidnapped and held in Israeli prisons without charge. Others have been targeted for assassination, such as Nizar Rayan, a top Hamas official. To kill Rayan, Israel targeted a residential apartment building. The strike not only killed Rayan but two of his wives and four of his children, along with six others. There is no justification for such an attack under international law. This was a war crime.
Other of Israel’s bombardment with protected status under international law have included a mosque, a prison, police stations, and a university, in addition to residential buildings.
Moreover, Israel has long held Gaza under siege, allowing only the most minimal amounts of humanitarian supplies to enter. Israel is bombing and killing Palestinian civilians. Countless more have been wounded, and cannot receive medical attention. Hospitals running on generators have little or no fuel. Doctors have no proper equipment or medical supplies to treat the injured. These people, too, are the victims of Israeli policies targeted not at Hamas or legitimate military targets, but directly designed to punish the civilian population.

Lie 2) Hamas violated the cease-fire. The Israeli bombardment is a response to Palestinian rocket fire and is designed to end such rocket attacks.
Israel never observed the cease-fire to begin with. From the beginning, it announced a “special security zone” within the Gaza Strip and announced that Palestinians who enter this zone will be fired upon. In other words, Israel announced its intention that Israeli soldiers would shoot at farmers and other individuals attempting to reach their own land in direct violation of not only the cease-fire but international law.
Despite shooting incidents, including ones resulting in Palestinians getting injured, Hamas still held to the cease-fire from the time it went into effect on June 19 until Israel effectively ended the truce on November 4 by launching an airstrike into Gaza that killed five and injured several others.
Israel’s violation of the cease-fire predictably resulted in retaliation from militants in Gaza who fired rockets into Israel in response. The increased barrage of rocket fire at the end of December is being used as justification for the continued Israeli bombardment, but is a direct response by militants to the Israeli attacks.
Israel’s actions, including its violation of the cease-fire, predictably resulted in an escalation of rocket attacks against its own population.

Lie 3) Hamas is using human shields, a war crime.
There has been no evidence that Hamas has used human shields. The fact is, as previously noted, Gaza is a small piece of property that is densely populated. Israel engages in indiscriminate warfare such as the assassination of Nizar Rayan, in which members of his family were also murdered. It is victims like his dead children that Israel defines as “human shields” in its propaganda. There is no legitimacy for this interpretation under international law. In circumstances such as these, Hamas is not using human shields, Israel is committing war crimes in violation of the Geneva Conventions and other applicable international law.

Lie 4) Arab nations have not condemned Israel’s actions because they understand Israel’s justification for its assault.
The populations of those Arab countries are outraged at Israel’s actions and at their own governments for not condemning Israel’s assault and acting to end the violence. Simply stated, the Arab governments do not represent their respective Arab populations. The populations of the Arab nations have staged mass protests in opposition to not only Israel’s actions but also the inaction of their own governments and what they view as either complacency or complicity in Israel’s crimes.
Moreover, the refusal of Arab nations to take action to come to the aid of the Palestinians is not because they agree with Israel’s actions, but because they are submissive to the will of the US, which fully supports Israel. Egypt, for instance, which refused to open the border to allow Palestinians wounded in the attacks to get medical treatment in Egyptian hospitals, is heavily dependent upon US aid, and is being widely criticized within the population of the Arab countries for what is viewed as an absolute betrayal of the Gaza Palestinians.Even Palestinian President Mahmoud Abbas has been regarded as a traitor to his own people for blaming Hamas for the suffering of the people of Gaza. Palestinians are also well aware of Abbas’ past perceived betrayals in conniving with Israel and the US to sideline the democratically elected Hamas government, culminating in a counter-coup by Hamas in which it expelled Fatah (the military wing of Abbas’ Palestine Authority) from the Gaza Strip. While his apparent goal was to weaken Hamas and strengthen his own position, the Palestinians and other Arabs in the Middle East are so outraged at Abbas that it is unlikely he will be able to govern effectively.

Lie 5) Israel is not responsible for civilian deaths because it warned the Palestinians of Gaza to flee areas that might be targeted.
Israel claims it sent radio and telephone text messages to residents of Gaza warning them to flee from the coming bombardment. But the people of Gaza have nowhere to flee to. They are trapped within the Gaza Strip. It is by Israeli design that they cannot escape across the border. It is by Israeli design that they have no food, water, or fuel by which to survive. It is by Israeli design that hospitals in Gaza have no electricity and few medical supplies with which to treat the injured and save lives. And Israel has bombed vast areas of Gaza, targeting civilian infrastructure and other sites with protected status under international law. No place is safe within the Gaza Strip.