#WTH: Resources on the laws of war and more
Because "Israel is committing war crimes" is the theme of the week
As the massacre of October 7 in southern Israel fades into last week’s news and narrative and counter-narrative battle each other, we thought we’d share some useful resources for people who are interested in the issues and the arguments ongoing, particularly over the laws of war, of siege, the role of the United Nations, the state of battle and more.
You know where your podcast co-hosts stand because we have been crystal clear in our support for Israel and our condemnation of terrorism and its sponsors. This is a war to the death between parties – one that long ago decided that only death was good enough for the other side (Hamas/Iran), and another that has tolerated and managed the merchants of death (Israel). Those days are done, and Israel intends to destroy Hamas, at least for the time being. But how?
We’ll be talking to Israeli journalist Haviv Rettig Gur on the pod this week. And here’s his interview on the Danger Close podcast — recommended by one of our WTH family.
AEI also hosted an event on the Hamas war on Monday, October 16. Here’s a link. It should have been longer… hoping to get our panelists to do a little WTH symposium. More on that soon. And here’s all of AEI’s work on the war in one place.
Some questions you may be asking:
Does Israeli action need to be “proportionate”? Andy McCarthy, one of our favorite guests and a clear-spoken and principled lawyer explains:
So what, then, is proportionality?
It is a principle that requires military commanders, when they determine battlefield targets, to weigh the importance of the military objective against the likelihood of “collateral damage” – i.e., civilian casualties and damage to civilian infrastructure.
Significantly, proportionality does not mean an army is prohibited from attacking if it knows there will be collateral damage.
To the contrary, if the military objective is important enough, collateral damage is a baleful but unavoidable consequence of warfare.
The military commander is obliged to try to minimize collateral damage, but not to the point of refraining from attacking important military targets.
What are the laws of war regarding siege? Here’s a fascinating discussion about the issue from West Point:
…the law applicable to international armed conflicts also includes select rules specific to siege or similar situations involving isolation and control. The 1907 Hague Regulations specifically mention siege when they require a besieging force to spare “as far as possible” certain buildings not used for military purposes. Notably, the same provision also requires a besieged belligerent “to indicate the presence of such buildings or places by distinctive visible signs.”
What are Israel’s obligations to civilians? The same article from West Point talks about the warning to civilians of Gaza to move South, explaining:
It is not only permissible to move civilians when their safety can be enhanced but also a requirement when feasible in the circumstances.
Also…
JINSA is doing great work updating the state of operations every day. Check it out here. And AEI’s own Critical Threats Project’s Iran Team is updating regularly.
Exit question: Why does anyone care what Gigi Hadid thinks?
PS
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