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Conflict in the Middle East

"If its true that more than 100 women and children died", then "Israel violated International Law" during hostage rescue, says former executive director of Human Rights Watch

113 replies

HelenHen · 13/06/2024 17:39

This is a very good read and seems to address many issues that were raised in other threads. Written by Kenneth Roth, former executive director of Human Rights Watch (1993-2022)

"International humanitarian law requires that a military refrain from launching an assault if the anticipated civilian toll “would be excessive in relation to the concrete and direct military advantage anticipated”. It is reasonable to conclude that the Israeli operation fell short of this standard"

"International humanitarian law requires militaries to take “all feasible precautions” to spare civilians, which Hamas violated by holding the hostages in two apartment buildings in Nuseirat, but that does not relieve Israel of the separate duty to avoid an attack that causes disproportionate harm to civilians. Palestinian civilians do not stop being civilians just because they are endangered by Hamas."

"The duty to take all feasible precautions also applies to the Israeli military. One obvious precaution is to launch military operations at a time of day when fewer civilians are present, but the Israeli military launched the rescue operation shortly before noon, hoping to surprise Hamas, which would have expected a night-time operation. That may have made the operation safer for the Israeli soldiers involved, but it transferred the risk to the many Palestinian civilians who were out and about in the middle of the day, particularly in the nearby market, greatly increasing the death toll"

"What were the “dozens of nearby targets” that the Israel air force attacked? Was it able to strike Hamas fighters with any precision in the chaos of that moment? Or did it simply drop bombs in the vicinity, hoping to clear a path for the rescuers to flee despite the area being filled with civilians? We don’t know, but an independent investigation is clearly needed. Indiscriminate attacks are a war crime."

"While soldiers are allowed to engage in ruses – for example, feinting left while going right – they are not allowed to pretend to be a protected person, such as a civilian, because it endangers civilians when hostile forces cannot distinguish them from opposing military forces. That is why soldiers in combat wear uniforms."

www.theguardian.com/commentisfree/article/2024/jun/13/international-criminal-court-investigation-israel-hostage-rescue-raid

Inside Israel’s deadly operation to rescue four hostages | CNN

New details are emerging about one of the most dramatic and deadly events of Israel’s war on Hamas in Gaza.

https://www.cnn.com/2024/06/10/middleeast/inside-israels-hostage-rescue-intl-dst/index.html

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noblegiraffe · 14/06/2024 17:43

HelenHen · 14/06/2024 17:43

Did the Israeli government process the bodies? Were the bodies on Israeli soil?

How would the Israeli government even be allowed to report the figures if it happened on foreign soil?

You know that Hamas are a proscribed terrorist organisation, yes?

HelenHen · 14/06/2024 17:43

noblegiraffe · 14/06/2024 17:38

I think the suggestion that only Israel has any issue with accepting without question the figures coming from a terrorist organisation is a bit suspect.

Did the Israeli government process the bodies? Were the bodies on Israeli soil?

How would the Israeli government even be allowed to report the figures if it happened on foreign soil?

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LordPercyPercy · 14/06/2024 17:42

I think it's perfectly fair to question casualty numbers if the source is Hamas, which I've said on previous threads. That shouldn't upset anyone, and it shouldn't lead to deletions.
Hamas have both form for it, and an obvious motivation for doing so.

noblegiraffe · 14/06/2024 17:38

PeasfullPerson · 14/06/2024 17:34

And yes, if Israel believes the numbers are being *inflated they could solve this by letting independent bodies and agencies in.

Edited

I think the suggestion that only Israel has any issue with accepting without question the figures coming from a terrorist organisation is a bit suspect.

noblegiraffe · 14/06/2024 17:36

HelenHen · 14/06/2024 17:31

Upsetting that you take the time to argue whether a significant number of dead women and children is high enough to be over 100.

Eh? It's the guy in the article that you linked to yourself who used the word 'if' about the figures.

PeasfullPerson · 14/06/2024 17:34

And yes, if Israel believes the numbers are being *inflated they could solve this by letting independent bodies and agencies in.

PeasfullPerson · 14/06/2024 17:33

Time will tell us, and while numbers may be disputed, that the level of suffering has been too much is in my eyes not up for debate.

Here is an article published by The Lancet Group.

‘No evidence of inflated mortality reporting from the Gaza Ministry of Health’

Benjamin Q Huynh
Elizabeth T Chin
Paul B Spiegel

Published:December 06, 2023

https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(23)02713-7/fulltext

HelenHen · 14/06/2024 17:33

Do you agree that if international journalists and observers were allowed to work safely and report the facts, that it would be in everyone's best interest?

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HelenHen · 14/06/2024 17:31

noblegiraffe · 14/06/2024 17:27

Saying that it's upsetting that I don't automatically accept the figures put out by a terrorist organisation is mad though.

Upsetting that you take the time to argue whether a significant number of dead women and children is high enough to be over 100.

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noblegiraffe · 14/06/2024 17:27

HelenHen · 14/06/2024 17:26

So international reporters and observers should be allowed in to do their work safely 🤷‍♀️ it's a really simple answer

Saying that it's upsetting that I don't automatically accept the figures put out by a terrorist organisation is mad though.

HelenHen · 14/06/2024 17:26

So international reporters and observers should be allowed in to do their work safely 🤷‍♀️ it's a really simple answer

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noblegiraffe · 14/06/2024 17:22

HelenHen · 14/06/2024 17:20

Were the deaths in Israeli territory? Why would we accept the figures given by the side doing the killing? Also did the Israeli state deal with the aftermath and all the bodies?

Please think about the statement you just made. It's actually quite upsetting.

Right, so you are sceptical of the Israeli figures even thought they've been reported internationally. Which is absolutely fine. Of course they have reasons to play down the figures.

But if you don't suspect that Hamas has any reason to play up the figures, then you seem pretty naive.

Propaganda comes from both sides in a conflict.

HelenHen · 14/06/2024 17:20

noblegiraffe · 14/06/2024 17:17

Of course I'm going to suggest numbers coming from a terrorist organisation might not be entirely reliable. Don't be silly. Everyone should be sceptical.

Israel put the figures at under 100. Do you believe those "internationally reported numbers"? I would suspect that you are sceptical of those.

Were the deaths in Israeli territory? Why would we accept the figures given by the side doing the killing? Also did the Israeli state deal with the aftermath and all the bodies?

Please think about the statement you just made. It's actually quite upsetting.

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noblegiraffe · 14/06/2024 17:17

HelenHen · 14/06/2024 17:14

64 children and 57 women I read. That's more than 100.

Please don't dispute the numbers. In the absence of international observers, we can only go by the internationally reported numbers.

Of course I'm going to suggest numbers coming from a terrorist organisation might not be entirely reliable. Don't be silly. Everyone should be sceptical.

Israel put the figures at under 100. Do you believe those "internationally reported numbers"? I would suspect that you are sceptical of those.

noblegiraffe · 14/06/2024 17:15

Just read it in the article

"The ministry does not distinguish combatants from civilians, but it reports that the dead included 64 children and 57 women, or 44% of the total. Given that many of the men who were killed in the course of the operation were in a nearby market, we must assume that a good proportion of them were civilians as well. That is a horrible civilian toll."

HelenHen · 14/06/2024 17:14

noblegiraffe · 14/06/2024 17:10

I'd have thought all figures are in dispute that come out of Hamas.

I've not seen a figure specified for women and children by anyone.

64 children and 57 women I read. That's more than 100.

Please don't dispute the numbers. In the absence of international observers, we can only go by the internationally reported numbers.

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noblegiraffe · 14/06/2024 17:10

HelenHen · 14/06/2024 17:01

Is that even in dispute?

I'd have thought all figures are in dispute that come out of Hamas.

I've not seen a figure specified for women and children by anyone.

PeasfullPerson · 14/06/2024 17:08

I’m confused. Are all men automatically counted as Hamas?

HelenHen · 14/06/2024 17:01

noblegiraffe · 14/06/2024 17:00

It specifically says women and children, not 100 total.

Is that even in dispute?

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HelenHen · 14/06/2024 17:00

BelleHathor · 14/06/2024 06:45

And that community note has also been removed, which indicates that after review by the "community" voted it as not helpful.

https://x.com/KenRoth/status/1799787922083725343

Edited

I did wonder what a community note was... like is it some kind of legally binding mic-drop 😂 (I'm not on X)

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noblegiraffe · 14/06/2024 17:00

It specifically says women and children, not 100 total.

HelenHen · 14/06/2024 16:52

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Is there any doubt that more than 100 were killed? I don't see anyone legitimately disputing those numbers?

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DownNative · 14/06/2024 12:38

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

noblegiraffe · 14/06/2024 11:37

BelleHathor · 14/06/2024 06:45

And that community note has also been removed, which indicates that after review by the "community" voted it as not helpful.

https://x.com/KenRoth/status/1799787922083725343

Edited

That it has been voted unhelpful doesn’t mean that it was inaccurate though.

The article the Guardian links to says “killing or wounding treacherously individuals belonging to the hostile nation or army”.

The link from his tweet suggests: “The US Air Force Pamphlet states that Article 23(b) of the Hague Regulations has been construed as prohibiting “assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy’s head, as well as offering a reward for an enemy ‘dead or alive’”

That clearly doesn’t apply here.

The link from his tweet also says “While the Hague Regulations prohibit “to kill or wound treacherously”, Additional Protocol I prohibits “to kill, injure or capture an adversary by resort to perfidy”

And it discusses dressing as a civilian.

However the soldiers did not dress as civilians in order to kill adversaries, but to rescue hostages, so this would also seem not to apply.

BUT, if Ken Roth has read both those documents, then he has serious questions to answer as in his Guardian article linked to in the OP he says

“That may constitute the war crime of perfidy, which prohibits soldiers from dressing as civilians during military operations when it leads to death or injury”

That is a clear misrepresentation of what the law says, and what the documents he himself linked to say.

He has changed the active - perfidy in order to kill, into the passive - perfidy which leads to deaths. These are not the same thing at all.

It was during the rescue of hostages while dressed in military uniforms that the deaths occurred, and from the description of events, the dressing as civilians was to avoid deaths, not cause them.

If he has been the Director of Human Rights Watch, he should be able to read documents and interpret them correctly, so in this case he has chosen to misinterpret.

Why?

Februaryfeels · 14/06/2024 11:12

Is the heading a quote or a factual statement?

I don't see quotation marks