Wednesday, June 10, 2015

International legal experts slam IDF for going too far to protect Gaza civilians

When civilians become casualties in Israeli counter terrorism operations, Israel is accused of "indiscriminately killing civilians" and is urged to "do far more" to spare Gaza civilians. But when it turns out that civilian casualties are remarkably low, Israel is accused of "harming the fight against terror". You just can't make this up.
(INN) The IDF went to extraordinary lengths last summer to prevent civilian casualties while fighting Hamas terrorists in Gaza, achieving a remarkable 1:1 civilian to combatant ratio, but according to international legal experts it went too far in avoiding casualties among the enemy population. [...]

Indeed, international legal experts quoted in the article argued that the IDF's actions do go to inappropriate measures, and may end up harming the ability to fight terrorist organizations.

Wolff Heintschel von Heinegg, a military law expert at European University Viadrina in Frankfurt, Germany, was brought by Dabla to train IDF commanders about armed conflict laws.

Heinegg was quoted saying the IDF went to "great and noble lengths" to avoid civilian casualties, but warned the IDF is taking "many more precautions than are required."

As a result, he expressed his fear that the IDF "is setting an unreasonable precedent for other democratic countries of the world who may also be fighting in asymmetric wars against brutal non-state actors who abuse these laws."

Sharing his assessment was Pnina Sharvit Baruch, a senior researcher at the Institute for National Security Studies (INSS) and former Dabla chief.

She said legal advisers from other militaries around the world confront her with "recurring claims" that the IDF "is going too far in its self-imposed restrictions intended to protect civilians, and that this may cause trouble down the line for other democratic nations fighting organized armed groups."

Michael Schmitt, director of the Stockton Center for the Study for International Law at the US Naval War College, also agreed that the IDF is creating a dangerous state of affairs that may harm the West in its fight against terrorism.

"The IDF’s warnings certainly go beyond what the law requires, but they also sometimes go beyond what would be operational good sense elsewhere," he warned.


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