this post was submitted on 10 Dec 2023
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[–] Dominic@beehaw.org 7 points 11 months ago* (last edited 11 months ago)

Just to list a few things, no it’s not a war crime to attack hospitals, if they are being used for military purposes. Same with schools, kindergartens, residential buildings, etc. The Geneva Conventions explicitly permit this in order to discourage the use of human shields, which they define as a war crime, because if one side does this all the time - and Hamas have openly celebrated the use of human shields - then this might motivate the enemy to assume that behind every group of civilians, there might be fighters. When North Korean soldiers fired at US soldiers out of crowds of refugees during the Korean War, this led to US soldiers driving refugees away with their guns and even killing a number of them, fearing to be ambushed. Fighters not wearing uniforms puts every fighting age male in the combat area at a risk - and guess what, Hamas only wears uniforms during parades, not in combat. Hamas have used human shields successfully to prevent Israel from performing attacks on weapons depots, rocket launch sites, command centers, etc. They were under the impression that they could attack from these positions, from behind civilians with impunity. If the other side doesn’t attack, that’s a win, the terrorists get to live for another day and can continue what they are doing. If Israel does attack and civilians die, this particular cell might lose a few fighters and equipment, but they can use the innocent civilians they put into the crossfire for propaganda against Israel, both domestically in order to recruit new fighters and internationally to put pressure on Israel. What should Israel do in this situation? Just eat the rockets? The Iron Dome is far from perfect and every alert means people only have seconds to interrupt whatever they are doing and rush to shelter. That’s no way to live. Meanwhile, in Gaza, there are no civilian bomb shelters, not even air raid sirens. Gaza is the only place since WW2 that attacked an enemy they know have air power, but provides no shelters nor warnings for civilians. Kind of odd, if you think about it.

Until reading your post and then doing more research, I fell for the "higher civilian casualty rate" headlines. I was aware that it is legal to strike a normally civilian location if it is being used for military purposes, but felt that the IDF was being unusually imprecise during this conflict.

It turns out that the headlines are very misleading. You can't compare a single conflict in a densely-populated urban area to the average of all 20th century conflicts (especially not when the government of said urban area uses human shields). The only really fair comparison points are previous Israeli conflicts in Gaza and a handful of battles against ISIS in Iraq and Syria. The civilian casualty rate is about half of what we saw against ISIS.

Statistics on civilian casualties here