All war is hell.
All war is killing and destruction
and historically civilians are inordinately the innocent victims of wars.
JOHN SPENCER
Urban warfare is a unique type of hell not just for soldiers, who face assaults from a million windows or deep tunnels below them, but especially for civilians.
The destruction and suffering, as awful as they are, don’t automatically constitute war crimes. Scenes of devastation, like Israel’s strikes on the Jabalya refugee camp in northern Gaza earlier this week, quickly spark accusations that Israel is engaging in war crimes, such as indiscriminately killing civilians and engaging in revenge attacks. 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 October 7 in taking Israelis hostage and raping, torturing, and directly targeting civilians, as well continuing to attack Israeli population centers with rockets. Years of intelligence assessments and media reports have shown that Hamas also commits war crimes, by using human shields for its weapons and command centers and by purposely putting military capabilities in protected sites like hospitals, mosques and schools.
On the other hand, nothing I have seen shows that the Israel Defense Forces are not following the laws of wars in Gaza, particularly when the charges that the IDF is committing war crimes so often come too quickly for there to have been an examination of the factors that determine whether an attack, and the resulting civilian casualties, are lawful.
- Israel has pledged to obey international law, and one of its cornerstones is proportionality. The concept is often misunderstood to allow only for equal numbers of civilian casualties on both sides, with any lopsided numbers considered disproportionate. But proportionality is actually a requirement to take into account how much civilian harm is anticipated in comparison to the expected concrete and direct military advantage, according to UN protocols. In other words, a high civilian death count in Jabalya could potentially be considered legal under international law, so long as the military objective is of high value. The Israel Defense Forces said the intended target in this case was the senior Hamas commander who oversaw all military operations in the northern Gaza; neutralizing him is an objective that most likely clears the proportional bar. Furthermore, Israel pointed out that the loss of life was compounded because Hamas had built tunnels that weakened the targeted structure that then collapsed in the strike.
- The attack also passes muster on the level of “military necessity,” the principle that the action was necessary to pursue an allowed military goal (killing enemy troops), rather than an illegal goal (causing civilians to suffer). The IDF has said that its aim is to remove the rockets, ammunitions depot, power and transportation systems Hamas has embedded within their civilian population. So far, a number of military experts have assessed that Israel appears to be trying to follow the law of armed conflict in its Gaza campaign.
IDF practices include calling everyone in a building to alert them of a pending air strike and giving them time to evacuate – a tactic I’ve never seen elsewhere in my decades of experience, as it also notifies the enemy of the attack – and sometimes even dropping small munitions on top of a building to provide additional warning. They have been conducting multiple weeks of requests that civilians evacuate certain parts of Gaza using multi-media broadcasts, texts and flyer drops. They’ve also provided routes that will not be targeted so that civilians have paths to non-combat areas, though there have been some tragic reports that Palestinians from northern Gaza who have relocated to the south were subsequently killed as the war rages throughout the strip.
- Unfortunately, it’s essentially impossible to empty a city of all civilians before conducting an urban battle. Some people always stay, and it can be impossible for the elderly, infirm, hospitalized and similar to evacuate. In the densely populated Gaza Strip, where most Palestinians have nowhere to fully escape the dangers of the war, the proportion of those who remain is likely to be higher, as border crossings remain closed to nearly all Gazans, many Palestinians object to leaving and Hamas has warned others not to go.
Israel possesses the military capacity to [indiscriminately carpet bomb and raze Gaza City to the ground], and the fact that it doesn’t employ such means is further evidence that it is respecting the rules of war. It is also a sign that this is not revenge – a gross mischaracterization of Israeli aims – but instead a careful defensive campaign to ensure Israel’s survival.
CLICK TO READ THE FULL ARTICLE –>
Editor’s Note: John Spencer is chair of urban warfare studies at the Modern War Institute (MWI) at West Point, codirector of MWI’s Urban Warfare Project and host of the “Urban Warfare Project Podcast.” He served for 25 years as an infantry soldier, which included two combat tours in Iraq. He is the author of the book “Connected Soldiers: Life, Leadership, and Social Connection in Modern War” and co-author of “Understanding Urban Warfare.” Views expressed in this commentary are his own.
JOHN SPENCER: https://www.youtube.com/results?search_query=john+spencer+urban+warfare SEARCH
