International Law, Middle East Israel and Hamas at War: The Law of Armed Conflict

On October 7, Hamas brutally massacred over a thousand civilians and took more than 200 hostages in southern Israel. That these are deeply immoral acts and war crimes is beyond dispute, and Israel’s resulting declaration of war against Hamas is sanctioned by international law. As Israel moves forward with plans for a ground invasion of Gaza in exercise of its right to self-defense, it faces a challenging ethical and legal landscape. The Law of Armed Conflict prohibits the targeting or disproportionate killing of civilians during armed conflict, and yet it is known that any attack on Hamas will result in significant civilian casualties, given how densely populated Gaza is, that Hamas uses civilians as human shields and otherwise fails to respect the value of civilian life, among many other reasons.
 

How can the Israeli military and government ensure that its wartime response remains legal and ethical, namely that it is restricted to neutralizing Hamas and deterring future attacks against Israel and its citizens while protecting innocent civilians? Listen to our experts as they explain the international laws that govern armed conflicts as well as the ethical quagmires that exist in any war, but most especially in a war against terrorists.

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