The Jerusalem Center for Public Affairs recently held a conference titled “Hamas, the Gaza War and Accountability Under International Law.”
At the event, Daniel Taub, Director General Law Division, Israel Ministry of Foreign Affairs, described four considerations when entering a conflict: military necessity, necessary distinction, proportionality and humanity. These issues were prominent in the Gaza war with the debate focused on how to achieve a balance between upholding international law and responding to military necessity on the ground.
During the Gaza War, the conditions were particularly complex due to Hamas’ violation of international humanitarian law. Examples included dressing as civilians, using human shields, placing rockets among the civilian population, and booby traps in residential areas. He emphasized that a military objective does not cease to be one if it is located inside a civilian population. This makes the work of the IDF difficult because it has to fight within a civilian population against a group that does not abide by international law.
Click here to view the Powerpoint presentation Daniel Taub presented at the conference. (5.9 MB)
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