Israel keeps referring to its military actions in Gaza as "War."
But was it, is it, really a war?
Gaza is an occupied territory since 1967, according to United Nations and International Court of Justice rulings. Israel disengagement does not change this status, because Israel continued to exercise control over Gaza's borders, water, electricity, fuel, food and medical supplies, air and sea access.
Now, under international law, with its status as an occupied territory, Israel bears responsibility of guarding and protecting the well-being of the population in Gaza. Even in conflicts with armed groups, such as Hamas, Israeli's military must follow strict rules in combating such armed groups.
Israel has the right to use "policing" methods with targeted arrests, riot control, and so on.
Now, let's imagine a situation, where a terrorist organization has taken hostages in New York, went inside a bank with many customers inside.
Will NYPD bomb the bank in order to neutralize the terrorist group?
The answer is obvious.
The use of heavy military force in crowded, occupied areas, including apartment buildings, schools, hospitals, universities, bakeries, malls, marketplaces, and so on, is unthinkable, so why did Israel think it?
Then why have Western leaders and media kept telling us, Hamas uses children as human shields and therefore, Israel has the right to bomb schools even if it meant killing over 20,000 children?
In fact, the President of the UN General Assembly, while still a minister in the German government, effectively implied that Israel has the right to kill civilians:
Link: https://youtube.com/shorts/QsJPSgbcyeQ?si=53j6iJEhEspDbSu9
But in the same video, Craig Mokhiber , a human rights lawyer and former UN official, explains that:
- Israel doesn't have the right to defend itself in territories it occupies.
- The "Hamas uses civilians as human shields" argument does not mean Israel has a carte blanche to murder these civilians.
Here is how legal experts and the laws of war view these ideas:
Israel's Right to Use Force
Policing vs. War: International bodies, such as the Human Rights Watch, explain that when a state controls an occupied territory, its security forces are generally expected to use policing methods—such as targeted arrests or riot control—to maintain order without harming civilians and the population.
The Rules of Combat
Even when a state is legally allowed to fight an armed group, it cannot simply use any weapon. The laws of war demand two main things:
- Proportionality: An army cannot use extreme force if the military advantage is small and the damage to civilians is huge.
- Distinction: Forces must separate civilians from fighters. Dropping large bombs or missiles in heavily populated areas makes it almost impossible to protect normal people.
The Rules of Occupation
The Occupier's Duty: The International Court of Justice outlines that because Israel has long controlled Gaza's borders, airspace, and resources, it is legally an "occupying power".
Protection: This means Israel is legally required to protect the basic needs, safety, and health of the people living there, rather than treating them as enemy combatants in a standard war.
Did Israel protect the health of Gazans?
In light of:
- Bombing apartment buildings
- Bombing hospitals, bakeries, schools, ...
- Cutting water, food, fuel, electricity
- Killing healthcare workers and first responders
- Blowing up water treatment and desalination plants
