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Israel's Laws of War

(Foreign Affairs) Asa Kasher - In Gaza, the Israel Defense Forces will confront tens of thousands of heavily armed Hamas fighters deeply embedded in a large noncombatant population. Given this highly challenging setting, a core concern is how the IDF can effectively protect Israel, its citizens, and Israel's own soldiers while adhering to moral principles, military ethical norms, and international law. It is crucial to understand that Israel has a legal, moral, and ethical framework for approaching questions about conduct in war. Israel's military response to the attacks so far has followed these standards, and the IDF has taken multiple steps to minimize collateral damage. There is not a shred of doubt that Hamas' blatant acts of aggression fit the legal criteria of war crimes. Israel has witnessed no comparable act of terrorism in its 75-year history. Israel's military operation in Gaza stems from the state's right to take necessary action to defend its inhabitants, and its duty to protect them against not only the present attack but also continuing threats from Hamas and Palestinian Islamic Jihad. Thus, Israel needs to go beyond the reestablishment of security on its border with Gaza and eliminate the possibility of any future such attacks. Israel's operation in Gaza should not be depicted as revenge. The major principle at issue is self-defense. The writer, Professor Emeritus of Professional Ethics and Philosophy at Tel Aviv University, was a lead author of the Israel Defense Forces Code of Ethics.
2023-10-29 00:00:00
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