(CNN) John Spencer - All war is killing and destruction, and historically civilians are inordinately the innocent victims of wars. Noncombatants have accounted for 90% of casualties, as per international humanitarian experts, in the modern wars that have occurred in populated urban areas such as Iraq's Mosul and Syria's Raqqa, even when a Western power like the U.S. is leading or supporting the campaign. The destruction and suffering, as awful as they are, don't automatically constitute war crimes - otherwise, nearly any military action in a populated area would violate the laws of armed conflict. Scenes of devastation, like Israel's strikes on the Jabalya refugee camp in northern Gaza, quickly spark accusations that Israel is engaging in war crimes. But war crimes must be assessed on evidence and the standards of armed conflict, not a quick glimpse at the harrowing aftermath of an attack. Hamas forces indisputably violated multiple laws of war on Oct. 7 in taking Israelis hostage and raping, torturing and directly targeting civilians, as well continuing to attack Israeli population centers with rockets. Nothing I have seen shows that the Israel Defense Forces are not following the laws of wars in Gaza. Under international law, Israel needs no permission to enter the territory and resort to using force in order to wage defensive operations because Israel's right to immediate and unilateral self-defense in accordance with Article 51 of the UN Charter is universally recognized. The IDF said the intended target in Jabalya was the senior Hamas commander who oversaw all military operations in northern Gaza; neutralizing him is an objective that most likely clears the proportionality bar. The writer is chair of urban warfare studies at the Modern War Institute at West Point.
2023-11-08 00:00:00Full ArticleBACK Visit the Daily Alert Archive