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(Lieber Institute at West Point) Aurel Sari - Israel's reported action to flood Hamas tunnels under Gaza aims to degrade Hamas' ability to operate. Pumping enough water into the tunnels to completely flood them may take weeks. Most Hamas fighters should therefore have sufficient time to evacuate them. Flooding Hamas' network of tunnels with sea water raises a range of legal questions under the law of armed conflict. The overall conclusion to be drawn is that the operation would not be incompatible, in principle, with Israel's obligations. The tunnels are military objectives liable to attack. Filling them with water would not be an indiscriminate attack. Bearing in mind the very significant military advantage that may be expected from putting the tunnels out of operation, the level of collateral damage that may be anticipated is unlikely to be excessive. The writer is an Associate Professor of Public International Law at the University of Exeter and a Fellow of Supreme Headquarters Allied Powers Europe. 2023-12-13 00:00:00Full Article
Flooding Hamas Tunnels: A Legal Assessment
(Lieber Institute at West Point) Aurel Sari - Israel's reported action to flood Hamas tunnels under Gaza aims to degrade Hamas' ability to operate. Pumping enough water into the tunnels to completely flood them may take weeks. Most Hamas fighters should therefore have sufficient time to evacuate them. Flooding Hamas' network of tunnels with sea water raises a range of legal questions under the law of armed conflict. The overall conclusion to be drawn is that the operation would not be incompatible, in principle, with Israel's obligations. The tunnels are military objectives liable to attack. Filling them with water would not be an indiscriminate attack. Bearing in mind the very significant military advantage that may be expected from putting the tunnels out of operation, the level of collateral damage that may be anticipated is unlikely to be excessive. The writer is an Associate Professor of Public International Law at the University of Exeter and a Fellow of Supreme Headquarters Allied Powers Europe. 2023-12-13 00:00:00Full Article
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