What follows is a comparison between Swords of Iron, as Israel has dubbed the current war, and previous Israeli operations. For the comparative basis to be valid, we will analyze only operations in which Israel attacked Gaza from the air without a land assault, and will compare them to the aerial attacks undertaken during the first three weeks of the 2023 war. Accordingly, we will examine the proportion of Gazan civilians ("noncombatants") killed to the total number of Gazan fatalities.
Wrong.That ratio reflects the degree to which the attacking side adheres to the principle of "discrimination," which is a key tenet of international humanitarian law. The principle holds that the attacking force is obligated to distinguish and differentiate between enemy combatants and civilians, and that it must avoid harming civilians, certainly deliberately. The law recognizes situations in which an attack is permitted against a military target that is situated in a civilian environment, but for these the law introduces another principle: that of proportionality. It holds that such an attack is lawful if the incidental loss of civilian life ("collateral damage") it may incur is not excessive, in relation to the concrete and direct military advantage anticipated.It follows that with a high proportion of noncombatants among the total number of those killed, we can conclude that the principle of discrimination was not adhered to, and an unusually high rate will reflect either a departure from the principle of proportionality or a highly flexible interpretation of it.
From an international comparative perspective, too, this is a high figure, considering that in wars fought during the 20th century, up until the 1990s, about half of those killed were civilians ...In light of such a high proportion of noncombatants among those killed in Swords of Iron, we may suspect that the principle of discrimination was not upheld or perhaps that the principle of proportionality was subject to a highly flexible interpretation. Thus, rather than this being a case of "collateral damage," it was the reverse: Because most of those harmed are civilians, what was produced is "collateral benefit," in the form of a low number of Gazan combatants killed.
“There isn’t a single house here without weapons, there isn’t a house without [tunnel] infrastructure. It’s unbelievable. In dozens of yards of homes we found dozens of rocket launchers,” he said. “We found Kalashnikovs under mattresses, inside clothes closets. It wasn’t thrown there suddenly, they were hidden in the homes.”He said Hamas’s placement of weapons and infrastructure within civilian sites was an attempt to “take advantage of the sensitivity we once had.”“Schools, a cemetery near us, in a clinic… these are the places where they concentrated most of their tunnel shafts. They thought we wouldn’t strike there, and that’s where we found the enemy’s significant infrastructure,” Yisrael said.
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