Israeli jurist says killing civilians not always a war crime
On the backdrop of Operation Protective Edge, former Shin Bet legal adviser Eli Bahar outlines the legal concepts involved in warfare and the boundaries of permissible IDF actions in Gaza according to international law.
“Even when there is a chance that citizens will be injured as a result of military action, there is no absolute prohibition against taking such action, as long as the target being attacked is a legitimate military target.” This statement, formulated over the last few days in response to Operation Protective Edge, was written by legal experts at the Israel Democracy Institute. The document is signed by institute President Yohanan Plesner, his deputy Mordechai Kremnitzer, Ono Academic College law faculty Dean Amichai Cohen and former Shin Bet legal adviser Eli Bahar.
Their brief reflects the many challenges and complexities faced by Israel as it engages in a conflict in the Gaza Strip, right in the middle of a civilian population. What happened July 16 was a stark reminder of the situation’s complexity. Four children playing soccer were killed on a Gaza beach July 16, apparently by offshore Israel Defense Forces (IDF) fire. The IDF immediately began to investigate the incident, claiming that the area under attack was targeted because militants who had committed acts of terror were also located there. The killing of the children received extensive media coverage worldwide, and is considered by now one of the most significant moments of Operation Protective Edge. Israel has already been accused of committing a war crime and is being asked to explain what exactly happened there.
In diplomatic and security circles alike, it's almost a working assumption that Operation Protective Edge, like other military operations in densely populated Palestinian areas, will end with Israel being accused of massacring a civilian population and committing war crimes. There is precedent for that with what happened during operations Defensive Shield in 2002 and Cast Lead in 2008.
The legal opinion by the Israel Democracy Institute was released just a few hours before the incident on the Gaza beach. Plesner, a former Knesset member for the Kadima Party, explained the brief, saying that in addition to providing security forces with the principles of combat in densely populated areas, it's also intended for consumption outside Israel, and will therefore be distributed in English as well. According to him, there is sometimes a distorted dialogue overseas in matters pertaining to Israel being accused of war crimes and violations of international law.
