Why is it that Israel is more often called upon to avoid civilian casualties or for a ceasefire or "proportionality" than the terrorist Hamas that started the conflict? Written by Gábor Sebes.
The collection of rules, called the law of war in Hungarian and international humanitarian law in English somewhat hypocritically, stipulates how to avoid civilian casualties during warfare as much as possible. It provides for the care of the wounded and captured persons. The Geneva Conventions and related protocols, ratified by 196 states, form the backbone of this.
Since Hamas' terrorist attack on Israel on October 7, various international organizations have been calling for the observance of international law every day. Google indicates 6.5 million hits regarding Israel and 1.9 million hits regarding Hamas in the English language on humanitarian law, which in itself is a serious disproportion. Israel is much more often called upon to avoid civilian casualties or for a ceasefire or "proportionality" than the terrorist Hamas that started the conflict.
The American leadership did not hesitate to call on Israel to avoid a long occupation and to protect civilians, explaining that clear objectives should be set before the military operation and that they "have a strategy". Compared to the fact that the Americans did not have either Iraq or Afghanistan, nor do they have clear goals or an exit strategy in relation to Ukraine, their confidence with which they distribute advice is surprising.
the interview of former Secretary of State Madeleine Albright , in which she stated that the death of half a million Iraqi children was not too great a price.
Let's examine what are the rules of martial law that are so important to everyone and who violates them? (The parts in bold blue the information of ).
ON THE ABDUCTION OF CIVILIANS AND THE LEGAL STATUS OF CIVIL TARGETS
The detention of civilians is permitted only to the extent and for the period of time absolutely necessary, in the form of internment. Rules apply to their care, representatives of the International Red Cross must be allowed to visit them, and contact with their families must also be made possible.
Abduction of civilians is a crime against humanity. A crime against humanity is a comprehensive or systematic attack against civilians and their killing in the process.
These were undoubtedly committed by Hamas.
Here the question arises whether Israel's bombings in Gaza fall under this rule?
Contrary to the impression created by international organizations, NGOs and, as a result, the press, the law of war does not consider the death of all civilians to be a war crime.
The belligerents "must at all times distinguish between the civilian population and combatants, and between civilian objects and military objectives, and accordingly direct their operations against military objectives only."
International humanitarian law prohibits attacks against civilians, as well as indiscriminate attacks, i.e. those that attack military targets and civilians or civilian objects indiscriminately. The principle of proportionality: international humanitarian law prohibits attacks that are expected to cause excessive collateral civilian damage compared to the expected concrete and direct military advantage. At the same time, accidental damage to the civilian population and civilian objects during hostilities is often unavoidable.
Therefore, damage to the civilian population and civilian objects should be avoided as much as possible, but it is far from clear what is proportionate and what is excessive compared to military goals.
All possible precautions must be taken to avoid, but in any case to minimize, the collateral loss of civilian life, injury to civilians and damage to civilian objects.
However, a hospital or school can become a legitimate military target if it contributes to specific military operations of the enemy and if its destruction provides a clear military advantage to the attacking party. Hospitals only lose their protection under certain circumstances - for example, if the hospital is used as a launching point for an attack, a weapons depot, or to hide healthy fighters.
ON THE EVACUATION OF THE POPULATION
It is extremely important that civilians be allowed to escape from the besieged area. Neither the besieging nor the besieged force can compel them to remain against their will. The siege may only be directed against enemy armed forces, and shooting or attacking civilians fleeing the besieged area is strictly prohibited.
Israel called on the people of Gaza to leave the area of operation and cross to the south. In doing so, he fulfilled his obligation to protect the civilian population. Hamas, on the other hand set up to prevent the escape, even shot at them, and called on the population not to comply with the Israeli call.
This is a war crime.
Hamas sets up its command points and warehouses in schools , mosques , and hospitals Israel evidence that Hamas' main base of operations is under the Sifa hospital and has called for the hospital to be evacuated.
How is the world responding to Israel's efforts to avoid civilian casualties?
simply states that it is impossible to fulfill them. According to them, the civilian population cannot leave Northern Gaza, the hospital cannot be evacuated. NGOs echo the same In addition, he constantly accuses Israel of indiscriminate bombing - even though in Israel the lawyers have the final say in the designation of targets. To support the charge, he uncritically accepts Hamas's propaganda about the number of victims. The completely unverifiable figures that "more children have died than in all other conflicts in the world since 2019" or that the number of Palestinian victims is already over 9,000 are circulating in the world press without any criticism or warning. The numbers of Hamas are also NGOs
The world press is not bothered at all that, in addition to the uncontrollability of the numbers, armed "victims" are mixed up with civilians, just as the more than 400 suffocated victims of rockets that fell back on Gaza are not counted separately.
WHAT DOES THE LAW OF MARTIAL SAY ABOUT CARE FOR CIVILIANS?
If civilians are forced to leave their homes (by fleeing or being evacuated from a besieged area), all possible measures should be taken to ensure that those affected have adequate shelter, access to sufficient food, sanitation and health care, and are safe (including sexual and from gender-based violence) and that members of the same family are not separated.
This obligation clearly falls on Hamas, since the southern area is under its control. The traffic at the border crossing is controlled by Egypt. Israel allowed 100 trucks a day to enter.
At the same time, it is known that the "humanitarian" aid primarily helps Hamas.
wrote in his blog post on October 24 but the Egyptian UN officials and Hamas also wanted a share«. The official said that an agreement was reached at the end of last week after a long tug-of-war. The distribution of the goods remains in the hands of Red Cross officials in Gaza City, while Hamas, the official said, "passes its share to its fighters and their families in the tunnels."
The rest would go to the cronies" - that is, to high-ranking members of the Hamas leadership.
In return, Hamas would release another ten hostages when the shipments were actually handed over. It is not known if any Americans are among the hostages to be released. The US official who outlined the course of the negotiations did not know why the deal fell through. But he was dismissive of greed. "Egyptians and Palestinian factions have been fighting for aid supplies," he told me, "while the needy, without clean water and food, will continue to suffer."
reports from the United Nations Relief and Works Agency (UNWRA) that Hamas had stolen fuel and medical equipment from its site in Gaza City. Hamas half a million liters of fuel , while the international press is constantly worried that hospitals and bakeries will shut down due to lack of fuel.
Israel has no obligation to supply its enemy with the materials necessary for further fighting.
As Melanie Phillips, a well-known publicist, wrote in her blog entitled "The Humanitarian Delusion": "The suffering of Gaza's civilians is entirely to blame for the activities of Hamas, which, seeing them as nothing more than human shields and cannon fodder, brought disaster upon them by waging a genocidal war and then stole the aid meant for them; the thefts were committed in order to collect more weapons to further their genocidal intent.
When the Biden administration insists that aid be given to Gaza, it is actually insisting that aid be given to the genocidals of Hamas.
When the BBC and other media demand answers as to why Israel is not allowing more aid to Gaza, the BBC and other media are actually demanding answers as to why Israel is not giving aid to Hamas.”
THE IDENTITY CRISIS OF THE WEST
In summary: who calls on whom to observe martial law is itself part of power politics. The West has lost its identity. In good Marxist fashion, he divides the world into oppressors and oppressed.
He considers his own history fatally flawed and oppressive. Because of this, he has a constant sense of guilt and a compulsion to make amends.
In this division, the terrorist and genocidal Hamas is oppressed, and Israel, which is waging a self-defense war and has European roots, is the oppressor.
The West constantly exhorts Israel, a democratic legal state with a similar culture and the same social structure, to exercise self-restraint and accuses it of committing war crimes, while it does not waste many words, except for its hypocritical "positions" against terrorists who are hostile to it, have a different culture, oppress their own people, and wage jihad. This would be tolerable if, as a counterweight, there were demonstrations in the Arab world against Hamas's reign of terror, and their press spoke out for the immediate release of the hostages and for peaceful coexistence with Israel.
Well, we can wait for that...
Instead, the UN General Assembly passed a resolution on October 27 calling on Israel to withdraw its order to evacuate the northern Gaza Strip.
The instruction that international law specifically requires for the protection of civilians!
Eight members of the European Union supported the resolution: Belgium, Ireland, France, Luxembourg, Malta, Spain, Slovenia and Portugal.
Featured image: Gábor Sebes / Facebook