Israel Legal Expert Explains How Israel Upholds Laws Of Armed Conflict

The Laws of Armed Conflict:⁣ Israel’s Approach

In a recent interview with Israel National News, Lt. Col. (Ret.) Pnina Sharvit-Baruch, former head of the International Law Department in the Israel Defense Forces, shed ⁤light on how Israel upholds the laws of armed ‌conflict while fighting against Hamas.

“What Hamas has done are war crimes, crimes against humanity, and possibly acts that could be considered genocide. It’s hard to believe the level ⁤of horrors that keep emerging,” she began.

Israel,‌ as a rule-of-law state,⁤ is deeply committed to the‍ laws of armed ‌conflict. As President Biden has also acknowledged, these laws ​aim to protect civilian populations⁣ and do not involve reciprocity. Over the years, these laws have evolved to meet the needs of warring armies, making them flexible and adaptable to different situations.

“The main limitation Hamas imposes ⁣is ⁣that it is forbidden to target civilians, but⁢ it is allowed to target military‍ objectives,” she​ said. “It’s important to understand that a ‍civilian structure, as soon as it ​serves a military purpose,⁢ loses its civilian‌ character and becomes ⁣a legitimate military target. What Hamas has done is that they have used all the civilian facilities for their purposes. All their positions and depots are located within or beneath civilian structures. The IDF does not target purely civilian structures. It attacks the military system itself, so these are attacks on legitimate and legal military targets.”

Another crucial principle is⁣ that any ⁣collateral damage to ​civilians and‌ civilian objects should not be excessive compared to the military advantage gained from the attack, ​according to Sharvit-Baruch.

The interviewer asked how one can measure if an attack is⁤ excessive in relation ⁢to that ​advantage.⁣ “There’s no precise‍ answer to that, but Israel has a very strong military argument,” she responded. “In previous operations, they argued with⁤ us and claimed that Hamas is not a threat that justifies such extensive damage, but now it is clear that Hamas poses an existential threat to our sovereignty and our ability to exist in the country. It’s a threat we cannot tolerate if we want to continue​ to exist, so there is a military advantage in dismantling these infrastructures.”

Sharvit-Baruch emphasized that Israel strives to minimize harm and issues warnings, such as the ⁤practice of “Roof Knocking,” to give civilians time to evacuate targeted areas. However, Hamas prevents civilians from leaving, which is also⁢ considered a war crime.

“There’s no legal obligation to ⁣‘Roof ‍Knocking,’” she said. “There​ is an obligation to minimize and issue warnings when possible, and Israel gives warnings so that civilians can leave the area. Hamas⁤ prevents ⁤them from doing so, which is also a war crime. However, in the​ proportionality test, the military advantage stemming from the attack must be taken into account.”

Israel has consistently gone above and beyond⁤ to minimize harm to civilians and⁢ avoid escalating the conflict. This approach has been driven by strategic and operational interests, as well ⁤as a genuine commitment to protecting innocent lives.

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What efforts does‌ Israel make to warn civilians before conducting military operations?

P style=”font-weight:‌ 400″>Sharvit-Baruch⁤ emphasized the importance of distinguishing between civilians ‌and combatants, stating that Israel takes great ⁤care to minimize civilian‍ casualties in its operations. She explained that⁤ when the⁢ IDF plans ​an attack, it assesses the‍ military advantage gained against the potential harm to civilians. The ​IDF utilizes precision-guided munitions to minimize collateral damage and employs advanced intelligence gathering to avoid hitting civilian structures.

Furthermore, Sharvit-Baruch highlighted Israel’s extensive efforts in warning civilians before conducting military operations. The IDF uses various ​means to alert civilians, including phone calls, text messages,⁢ and leaflets dropped from aircraft. These ‍warnings allow civilians to evacuate targeted areas, reducing the risk of harm.

Another aspect emphasized by​ Sharvit-Baruch is the use of​ proportionality in Israel’s military operations. Proportionality requires that the anticipated military advantage of an attack outweigh the expected harm to civilians and ‍civilian objects. Israel’s strict adherence to this principle demonstrates its commitment to upholding the laws of⁣ armed‌ ‌conflict and protecting civilian lives.

Israel‌ also makes extensive efforts to⁢ investigate‍ any alleged​ violations of ⁢the laws of armed ⁤‌conflict. Sharvit-Baruch mentioned that the IDF has a robust legal system and an independent ⁢military advocate general’s office that ensures accountability ⁤and adherence to the laws. The IDF‌ conducts thorough internal investigations into incidents and, when necessary, takes disciplinary or legal action against those found to have⁣ violated⁤ the laws ‍of armed ‌conflict.

Despite Israel’s adherence to the laws of armed ‌conflict in its fight⁢ against Hamas, the terrorist organization continues to deliberately target Israeli civilians. Sharvit-Baruch⁤ emphasized that Hamas’s use of human shields and indiscriminate rocket attacks against Israeli population⁤ centers are clear violations of the laws of armed ‌conflict.‌ However, Israel continues⁣ to do its best to minimize harm to civilians on both sides while defending its ⁣population from terrorist attacks.

In conclusion, Israel takes a‍ principled⁤ approach ⁢to the laws of armed ‌conflict, ensuring the ‌protection ⁤of civilian populations and civilian ⁢objects. Israel’s commitment to upholding these laws, despite ⁢the challenges posed‌ by Hamas’s⁢ tactics, is ⁣a testament to ⁤its⁢ dedication to justice and the rule of law⁢ in the midst of armed ⁣conflict.

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