conflict
High death toll does not mean Israel’s violating international law
From the MacDonald Laurier Institute
By Sarah Teich and Brian L. Cox
Many critics of Israel seem to be operating under a misunderstanding of the law of armed conflict.
The seven-day truce between Israel and Hamas ended on Dec. 1. Since the fighting resumed, calls to keep Israel accountable to international law have been intensifying, including, most recently, from Foreign Affairs Minister Mélanie Joly, who said that Canada will “support any form of accountability systems … at the international level that will look into” Israel’s conduct. On Tuesday, Canada voted for a ceasefire in Gaza at the United Nations, which will likely further embolden critics of Israel’s military operations.
Critics stand ready to lambaste Israeli military forces for the destruction of civilian infrastructure and civilian deaths, even accusing Israel of war crimes and genocide. Yet these criticisms often involve a distortion of the facts and a distortion of the law.
Oct. 7 was the single most brutal massacre against Jewish people since the Holocaust. The images and videos of the massacre are horrific. Women were paraded half-naked through the streets of Gaza; babies were ripped from the arms of their mothers and burned alive; elderly Holocaust survivors were terrorized and abducted. Approximately 1,200 people were killed and over 200 taken hostage in attacks orchestrated and carried out by Hamas, a recognized terrorist organization that receives funding and training from the Islamic Republic of Iran.
In the weeks that followed, and as Hamas continued to launch rockets indiscriminately at Israeli cities, Israeli forces initiated extensive ground, air and sea operations in Gaza, with the aim of dismantling Hamas and retrieving the hostages. These goals are, presumably, incredibly difficult for Israeli forces to achieve without risking harm to civilians, given that Hamas is known to use Palestinian civilians as human shields. Deaths in Gaza, according to local authorities, have surpassed 18,000.
There is a general prohibition on the use of force in international law. Unprovoked wars of aggression are illegal. States are, however, generally permitted to use force when acting in self-defence and with necessary, proportionate objectives. It is apparent that, following Hamas’s attack on Oct. 7 and continued indiscriminate rocket fire at Israel, Israel’s goal of dismantling Hamas and retrieving hostages would be considered necessary and proportionate objectives justifying the use of force. These strategic objectives comply with jus ad bellum, the body of law that governs when force may be initiated.
International humanitarian law, or jus in bello, governs the conduct of armed hostilities, even in the context of a lawful war. This is the law of war, or the law of armed conflict, and it applies to all parties to a conflict. Under the law of armed conflict (LOAC), the proportionality rule prohibits engaging in an attack “when the expected incidental loss of civilian life, injury to civilians or damage to civilian objects would be excessive in relation to the concrete and direct military advantage that is anticipated from the attack.”
Credibly determining that a violation of the LOAC proportionality rule has been committed requires evidence of the incidental harm anticipated and the military advantage expected at the time by those responsible for planning or conducting the attack. This assessment is difficult — if not impossible — to accomplish reliably based only on information available in the public domain.
Many critics of Israel seem to be operating under a misunderstanding of the law of armed conflict. As summarized by Charles Kels, senior attorney for the United States Department of Homeland Security and a judge advocate in the U.S. Air Force Reserve, there is a disturbing trend wherein academics and others conflate jus ad bellum and jus in bello.
What those who make this mistake are saying, writes Kels, “is that even if a state is acting in self-defence with a lawful objective, and even if their forces abide by (the laws of war) in military operations, they still have a legal obligation to stop fighting if civilian casualties are too high.” This is not the law, nor should it be.
The death toll in Gaza cannot be taken lightly. However, the magnitude of civilian harm alone is not a reliable indicator of compliance with international law. The fact that Hamas embeds itself within civilian populations, and actively prevents civilians from leaving dangerous areas, likely needlessly heightens the death toll.
International law prohibits deliberately making civilians the object of attack. Israel has committed publicly to complying with international law throughout this operation, just as it has done in the past. In contrast, Hamas has targeted, and continues to target, Israeli civilians with indiscriminate attacks. Hamas refuses to release all the hostages it abducted, which constitutes an ongoing serious violation of international law.
Accountability for atrocity crimes is something that should be encouraged, across the board. However, efforts should focus on the most likely perpetrators and the most egregious crimes. Hamas can and should be held accountable for its ongoing crimes against Israelis and Palestinians, and Israel should be supported as it defends itself in accordance with the law.
Sarah Teich is an international human rights lawyer, a senior fellow at the Macdonald-Laurier Institute and a legal advisor to Secure Canada. Brian L. Cox is a visiting scholar at University of Ottawa School of Law, a lecturer at Cornell Law School and a retired U.S. Army military lawyer.
MxM News
Quick Hit:
Hamas paraded the caskets of Israeli hostages, including what they claimed were the bodies of a mother and two young children, through the streets of Gaza before handing them over to the Red Cross. Videos show crowds cheering as armed terrorists carried the coffins as part of a prisoner exchange with Israel.
Key Details:
- Videos from Khan Younis, Gaza, show Hamas and other terrorists parading four caskets, including those of two young children, before handing them to the Red Cross.
- Crowds cheered as the terrorists, armed and unmasked, carried the coffins, with celebratory music playing in the background.
- The deceased were identified as members of the Bibas family, including the youngest hostages from the October 7 attack.
ANIMALS: Hamas paraded the bodies of murdered Israeli babies in coffins while blasting loud music during their celebration today when they handed the bodies over to the Red Cross. pic.twitter.com/CoTV5Rzep7
— Breaking911 (@Breaking911) February 20, 2025
Diving Deeper:
During a ceremony in Khan Younis, Gaza, Hamas paraded the caskets of Israeli hostages through the streets, including what they claimed were the bodies of a mother and her two small children. The display occurred before the remains were handed over to the Red Cross as part of a prisoner exchange agreement with Israel. Crowds of Gazans were seen cheering and celebrating as the coffins were carried by armed terrorists.
Videos from the event show masked militants loading a casket into a Red Cross aid truck, while another militant, adorned with symbols of Palestinian Islamic Jihad, filmed the procession. Another video shows adults and children waving and celebrating as Hamas fighters, armed and in trucks, paraded through the streets. Reuters footage also captured members of the Popular Front for the Liberation of Palestine (PLFP) helping carry a casket, highlighting the involvement of multiple terrorist factions in the display.
Hamas presented the bodies as those of the Bibas family, who were captured during the October 7 attack. The children, aged four years and less than one year, were among the youngest hostages taken during the brutal assault that triggered the ongoing 15-month conflict. The fourth body was identified as 83-year-old Oded Lifshitz, according to Jewish News Syndicate. Hamas has repeatedly blamed the deaths on Israeli airstrikes, though no evidence was provided to support the claim.
Israel and Hamas are currently observing a temporary ceasefire agreement, facilitating the exchange of civilian hostages for Palestinian prisoners. Despite the ceasefire, Hamas has continued to celebrate the October 7 attacks, which resulted in the largest mass killing of Jewish people since the Holocaust. During the ceremony, a stage displayed a poster depicting Israel as a “Nazi Army,” underscoring Hamas’s longstanding agenda of hostility towards the Jewish state.
The shocking parade of caskets, accompanied by celebratory music and cheering crowds, has drawn international condemnation and further underscored the brutal nature of Hamas’s actions. As the exchange process continues, the emotional toll on the families of the victims remains immeasurable.
MxM News
Quick Hit:
Defense Secretary Pete Hegseth has initiated an investigation into the Biden administration’s botched Afghanistan withdrawal. Hegseth confirmed that investigators have already been selected to examine the disastrous exit, which left 13 U.S. service members dead and stranded Americans behind. He emphasized that accountability is forthcoming and vowed a thorough review to uncover the decision-making failures behind the debacle.
Key Details:
- Hegseth told Breitbart News that he has already chosen investigators for a full Pentagon-led review of the withdrawal.
- The Biden administration’s 2021 exit resulted in the deaths of 13 U.S. service members, abandoned American citizens, and a botched drone strike that killed an Afghan aid worker and his family.
- No officials were held accountable, while Marine Col. Stuart Scheller, who publicly called for accountability, was the only one punished—he now serves in the Trump administration.
Diving Deeper:
Hegseth, in an exclusive interview, stated that the investigation would be comprehensive, focusing on key decision-making failures that led to one of the most disastrous military withdrawals in U.S. history. While no specific timeline was provided, he stressed the importance of getting the facts right.
The 2021 Afghanistan withdrawal, executed under then-President Joe Biden, resulted in a chaotic evacuation at Kabul International Airport. The suicide bombing at Abbey Gate claimed the lives of 13 American troops, while the administration abandoned hundreds of U.S. citizens despite claiming success. Additionally, the U.S. military, in a hasty attempt to prevent another attack, launched a drone strike that mistakenly killed an innocent Afghan aid worker and his family. At the time, then-Joint Chiefs Chairman Mark Milley defended the strike as “righteous.”
Despite these failures, no senior officials were removed from their posts. The only individual who faced consequences was Marine Col. Stuart Scheller, who was discharged after demanding accountability in a viral video. Now, he serves as a senior adviser to the Defense Under Secretary for Personnel and Readiness under the 47th President, Donald Trump.
Hegseth reaffirmed his commitment to ensuring accountability, emphasizing the need to establish a factual timeline of events, decisions, and their consequences. “I don’t think there’s anybody that feels like there’s been an honest accounting of what happened in Afghanistan. That’s our job,” he said.
The investigation, he added, will be critical to rebuilding trust within the Defense Department. “We’re going to drive that full investigation and get a sense of what happened. Accountability will be coming,” Hegseth concluded.
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