Israel, civilian deaths and the question of proportionality | Israel-Palestine conflict news

On Saturday, Israel justified the murder of more than 100 Palestinians who were sheltering in a school in Gaza City by claiming that the attack targeted 20 fighters from Hamas and Palestinian Islamic Jihad. Last month, the killing of at least 90 Palestinians in al-Mawasi was also justified by the Israelis, who said the attack targeted two Hamas commanders, including Mohammed Deif, the longtime leader of the Qassam Brigades.

Looking back, since the start of its war, Israel has killed nearly 40,000 Palestinians in Gaza, injuring tens of thousands more. Although it occasionally disputes the death toll, Israel has made clear that it sees the destruction of Gaza and the dead civilians as justified in exchange for the destruction of Hamas, following the group’s attack on Israel that killed some 1,139 people.

Leaving aside the question of whether these Palestinian fighters were present at the Israeli attack sites (and Hamas denies that it operates from civilian facilities, and that Deif is actually dead), the mass killings raise the question of proportionality and of how many civilians Israel is prepared to kill to assassinate a Hamas figure.

There is no formula for proportionality under International Humanitarian Law (IHL). The International Committee of the Red Cross (ICRC), however, states that, according to the principle of proportionality, an attack that may cause accidental loss of civilian life, injury or damage to civilian property that is “excessive in relation to concrete military efforts and direct”. advance advantage is prohibited”.

Israel’s military strategically uses disproportionate violence, analysts told Al Jazeera.

“The Israeli military failed both to secure the release of the hostages and to deal a ‘death blow’ to Hamas,” said Tariq Kenney-Shawa, a political member of Al-Shabaka, a Palestinian political network. “The massive attacks…give the Israeli government and military something to point to as a ‘victory’ if they result in the deaths of Hamas leaders and large numbers of civilians, because they fit into Israel’s broader strategy of deterrence through a unparalleled destruction.”

The ‘Dahiyeh doctrine’

In Israel’s war with Hezbollah in Lebanon in 2006, the Israeli military implemented a strategy of disproportionate retaliation, targeting neighborhoods and destroying civilian infrastructure as a way of putting pressure on its enemies. This strategy came to be called the “Dahiyeh doctrine”.

But can this work?

“All natives will resist the colonizers as long as they have the slightest hope of getting rid of the colonizers,” Hani Awad, a researcher at the Arab Center for Research and Political Studies, told Al Jazeera. This firmness means that the Israeli military believes it is “necessary to respond to any act of resistance with formidable, deadly and devastating power until the natives lose hope and accept the colonial demands and will of the settlers.”

Since the start of the war in Gaza, the Israeli military has destroyed homes, schools, universities, hospitals and cultural landmarks, in what has been called “genocide” and “domicide”. More than 55% of buildings were destroyed by Israel between October 7 and May 31, according to a United Nations report.

Israel’s military claims the destruction was necessary to target Hamas figures in Gaza.

“Regardless of Israel’s claims about the presence of Hamas leaders in targeted areas, it is unacceptable to kill civilians, attack ambulances and attack civil defense personnel,” Ihab Maharmeh, a researcher at the Arab Center for Research and Policy Studies in Doha, told Al. Jazeera.

The concept of proportionality in the conduct of war has also changed for Israel since October 7th. Israeli military sources told +972 magazine in April that soldiers were authorized to kill up to 20 civilians in order to kill a junior Palestinian fighter. That number could run into the hundreds for a Hamas commander, the sources said, adding that as official policy it is unprecedented in Israel or recent U.S. military history.

“I think it is difficult for any international humanitarian lawyer to say that this is an acceptable application of proportionality,” said Shane Darcy, professor at the Irish Center for Human Rights at the University of Galway, when asked about the figures reported by +972. . “These are possible war crimes.”

‘Driven by impunity’

When Israeli attacks on areas housing large numbers of civilians are condemned by international actors, analysts say there has been little material action by Israel’s allies or the international community to change the Israeli military’s tactics.

International Criminal Court Prosecutor Karim Khan is currently seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity. This did little to alter Israel’s war strategy, as attacks on civilians continued with similar intensity in the days following Khan’s announcement in May.

“Israel’s repeated ethnic massacres suggest that it feels immune to the repercussions of violating international and humanitarian laws, in part due to the United States’ unwavering support, which includes the supply of advanced lethal weapons,” Maharmeh said.

Analysts believe that until Israel is held accountable, particularly by its ally the US, the high number of civilian deaths in the attacks will likely continue.

“Israel is driven by impunity,” Kenney-Shawa said. “Israel has not faced any consequences for the mass murder of Palestinian civilians, so it has been completely emboldened to carry out the most brutal attacks at will, knowing that no one will hold them accountable.”