sleight of hand
You’re echoing Netanyahu’s fallacious argument that he has used to justify the brutality that’s being inflicted on Gaza civilians.
First, the rules have changed since World War II, leading to important enhancements in international law. The 1948 Universal Declaration of Human Rights was subsequently codified in a number of treaties and covenants including the Geneva Conventions. The Fourth Geneva Convention (1949) and the follow-up protocols of 1977 were adopted to protect non-combatants in conflicts and lessen their suffering in war zones. The concept of proportionality in conflict was included in Article 51 of Additional Protocol 1. Any claims of Israel simply acting in self-defense after the horrific Hamas attacks of October 7 have long since been invalidated by the disproportionality of the response.
Satellite images reflect that between 50% and 61% of Gaza's buildings have been damaged or destroyed. Almost the entire Gaza population of over 2 million people has been displaced. Famine is imminent in northern Gaza between now and May. The entire population of Gaza could be in famine by July. At least 30,000 civilians have been killed in Gaza since the start of the war, with women and children constituting a majority of the casualties. On March 12, the Commissioner-General of the United Nations Relief Works Agency (UNRWA) wrote that the number of children killed in just over four months in Gaza is higher than the number of children killed in four years of wars around the world. 162 staff members of UNRWA have been killed. Humanitarian aid has been impeded, and hospitals, ambulances and doctors have been targeted. In late February, an IDF tank shot up a clearly-marked MSF (Doctors Without Borders) shelter after MSF had provided the Israeli army with the shelter’s exact location as a precaution. No warning was given before the shelter was shelled.
Finally, the situation in Gaza is likely much worse than we can imagine. Our understanding of the breadth and scope of the horrific and worsening crisis is limited as a result of Israel’s ban (with very few exceptions) on journalists in Gaza.
Comparing Israel’s actions in Gaza to those of Allied forces during WWII is misguided.
Thanks for the correction on the wording. Also, thanks for treating this as a subject to be debated and not name calling. Here's a long-winded, perhaps contradictory, but top-of-my-head response on these issues:
The "rules" of international law might have changed since WW 2, but does that change how you or I assign
moral weight to actions and consequences? Also are you saying that under current international law, the Allies committed war crimes against Germany during WW 2? Do you want Israelis to be prosecuted for war crimes for what's going on in Gaza right now?
I disagree that Israel isn't still acting in self defense. Hamas has pledged they will keep committing atrocities like October 7th again and again and again until they destroy Israel. The only way for Israel to protect itself is to try to completely dismantle and destroy Hamas or have Hamas and Gaza sue for complete surrender, just as happened in WW 2. Given that war aim, the proportionality argument doesn't hold water. I've posted about this before: it's not a mathematical formula. It's whether or not the deaths are "excessive" when compared to the military objectives. They are not here, I think, and one reason that they are not, is because Hamas
intentionally uses civilians as shields. That's Hamas's fault, 100%, and not the Israelis' fault.
I don't like that this is happening. I abhor the death and destruction. But I don't fault Israel morally for doing this (I might fault them tactically, though, if this isn't the right way to go about achieving their ends). And they are making efforts to protect the civilians, which you make no mention of. As for your list of Israel's errors in prosecuting the war, a lot of that comes from Hamas-based sources. If you could provide links to objective sources, that would be helpful. That said, no nation can prosecute a clean, perfectly morally just war. That's why you don't start one, and if you do, you are to blame for the consequences.
A lot of our disagreement, I realize as I type this, might come down to how we think about the act and practice of war. As a lawyer, I understand all too well the desire to apply rules to war. And it's a mark of moral achievement that Israel feels constrained about what they can and cannot do, I supposed. But I also think war is a process that is not really amenable to these rules--that once you invoke it, you are now in the realm of death and murder and destruction by definition, and so many of the rules of morality are "suspended." (That's obviously easier for me, as an atheist, than for those who think a deity makes morality non-contextual). Actions in that realm are judged by efficacy and pragmatic survival, and that's just about it.
It's one of the reasons I feel a strong pull to ideas espoused by NewFarvaGoo and even Mas about their hatred for "war mongering" and "neocons." War should always be the last resort and everything should be tried before it is invoked. But once another nation invokes it against yours, you should do everything to win it and not be destroyed.
Going back to the beginning, then, if I can delineate one nation/group as totally or overwhelmingly at fault for the start of a war (like Hamas, Al Queda, etc.), then I assign near total moral weight to that party. After that, it's tough for me to fault the response of a party fighting for its actual existence. But to the extent I can, I've seen no evidence that Israel is intentionally targeting children, as argued by Mas, and I have heard many reports of Israel engaging in tactics to protect Gazan civilians at the cost of their own soldiers' lives. (A nation wishing to perform genocide wouldn't do that.) If Israel wanted to level Gaza, it wouldn't have needed to send a single soldier in on the ground to do that, either.