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Are the Israel Defense Forces Breaching International Law? – Guest Opinion

Are the Israel Defense Forces Breaching International Law? - Guest Opinion

In an area marked by oppression, violence, and human rights abuses, Israel tends to follow international law closely, even amid its recent conflict with Hamas. The Israel Defense Forces (IDF) actively integrates international humanitarian law (IHL) into their operations, and the highest court in Israel oversees military and governmental decisions. Their history of adhering to international law is notably strong.

However, critics of Israel are well aware of this and often twist international law to cast Israel in a negative light. The Jerusalem Center for Public Affairs (JCPA) argues that Israel’s adversaries create “rules that apply only to Israel and not to other states or situations,” diverting attention from their own human rights violations.

The Palestinian leadership, comprised of the Palestinian Authority (PA) in the West Bank and Hamas in Gaza, consistently violates international law. While Hamas attacks civilians, it also mistreats its own people—oppressing women, targeting minorities, and eliminating political rivals. In the West Bank, the PA is known to employ torture and imprison individuals simply for opposing them.

Protection of Human Rights

On the other hand, the IDF is committed to safeguarding human life and dignity, regardless of whether that life is Israeli or Palestinian. According to the IDF Code of Conduct:

“The IDF and its soldiers have a duty to uphold human dignity. All human beings have value, regardless of origin, religion, nationality, gender, status, or position… IDF members act wisely and safely in all they do, recognizing the supreme value of human life.”

While Palestinian terrorists often seek to increase civilian casualties, Israel makes significant efforts to protect civilians. The IDF employs various strategies, such as phone calls and leaflets to warn civilians to avoid dangerous areas, and it even directs missiles in mid-air. During its conflict with Hamas, the IDF established non-combat lanes to allow civilians to evacuate from conflict areas and distributed maps directing people to safety. Furthermore, since October 2023, Israel has facilitated the delivery of over 300,000 tons of food and supplies into Gaza.

Unfortunately, Hamas militants are challenging to distinguish from civilians due to their casual attire, which places innocent lives in jeopardy. Reports from the Foreign Press Association indicate that Hamas produces misleading statistics on civilian casualties, including individuals who died of unrelated causes.

Moreover, they attempt to silence foreign journalists to shield their actions from scrutiny. In the ongoing conflict with Hamas, the UN has even collaborated with the group, condemning Israel’s self-defense actions while failing to address Hamas’s own terrorist activities. Reports on casualties from the UN have also been called into question regarding their reliability.

Israel actively incorporates international law into its military strategy, with the Military Advocate General reviewing operations to ensure adherence to IHL. If a soldier violates IHL, they could face an investigation and potential prosecution. Civilian courts and independent organizations also monitor Israel’s actions to maintain accountability. In stark contrast, both Hamas and the PA operate without any legal oversight or investigations into their human rights violations.

Right of Self-Defense

International humanitarian law does not categorically ban the use of force against military factions like Hamas, which is designated as a terrorist group by Israel, the U.S., and other nations. Israel’s actions to eliminate Hamas align with its self-defense rights under Article 51 of the United Nations Charter, which acknowledges the right to self-defense based on customary international law regarding armed conflict. The goal is not to carry out mass violence against the Gaza populace but to dismantle the jihadist groups that exert control over the area.

In line with Article 51, Israel focuses solely on targeting Hamas militants and their infrastructure, taking extensive measures to minimize civilian harm. Instead of prioritizing civilian safety, Hamas has been known to use them as human shields, casting Israel in an unethical light.

Code of Ethics

An article in the Jerusalem Post from 2018 featured an Arab-Israeli soldier who described the IDF as “the most humane and moral army in the world, with the highest code of ethics and human values.” This soldier noted that the IDF faces complex challenges in conflict zones but remains committed to valuing human life above all else. The army strives to protect innocent lives, even if that complicates military operations.

The IDF Code of Ethics is one of the first lessons soldiers learn, guiding behavior during warfare. It emphasizes the defense of Israel and its citizens, loyalty, and the importance of human dignity along with the nation’s core values.

While Israel’s military actions are not flawless—no nation is—its adherence to principles, legal scrutiny, and moral commitment reflect a commendable effort to follow international law and protect innocent lives even in difficult circumstances. Unlike Hamas, which deliberately targets civilians and exploits human shields, the IDF operates under stricter ethical standards than many military forces. Instances that fail to meet these standards occur, but they are uncommon and not indicative of the IDF or Israel as a whole.

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