Analysis from Israel

Evie_HeaderEvelyn Gordon immigrated to Israel in 1987, immediately after obtaining her degree in electrical engineering from Princeton University, and has worked as an Israeli journalist and commentator since 1990. She was a reporter for the Jerusalem Post from 1990-97, covering various economic beats as well as the Supreme Court and the Knesset, and currently works for the English edition of Haaretz. She has also been a contributing editor of the Israeli quarterly Azure and a visiting fellow at the Jewish Institute for National Security Affairs. She blogs regularly for Commentary Magazine’s website and contributes occasional articles to the magazine; she also writes a regular column for the Jerusalem Post’s premium section.

 

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How the ICC is encouraging greater civilian casualties

March 16 was the deadline for filing briefs on whether the International Criminal Court should recognize Palestine as a state. But important though that question is, the ICC prosecutor’s decision to open a criminal investigation against Israel poses a much bigger problem: Contrary to the court’s stated mission of trying to reduce the harm caused by war, it may well result in even higher casualties and more extensive property damage.

Like all Western countries, Israel makes great efforts to uphold customary laws of war, including by trying to minimize civilian casualties. As a group of high-ranking Western military experts wrote in a report on the Hamas-Israel war of 2014, Israel “met and in some respects exceeded the highest standards we set for our own nations’ militaries.” In fact, Israel has historically caused fewer civilian casualties and less property damage than other Western armies.

Many Israelis actually resent this, arguing that the restrictions imposed on the army’s use of force put Israel’s own soldiers and civilians at greater risk. And the Israel Defense Forces’ vehement denials can’t necessarily be taken at face value since it would hardly admit to putting Israelis at risk. Yet even assuming these denials are truthful, the fact that many Israelis believe otherwise means that the army is under constant pressure to be less stringent about using force.

Until now, however, it has had a strong counter-argument: These restrictions aren’t so onerous as to make effective military action impossible, and obeying them keeps our soldiers and politicians out of international legal trouble. Consequently, it’s worth the effort.

But now, ICC prosecutor Fatou Bensouda has declared that all the IDF’s efforts were worthless: In her view, it committed prima facie war crimes both during the 2014 war and in subsequent military operations in the Gaza Strip. In other words, meeting or even exceeding the West’s “highest standards” is no longer enough to keep you out of legal trouble.

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