Expert comment: Laws of war are clear

“What we are seeing in Gaza is very different from almost all wars that we have seen in recent decades, because of the nature of the landscape in which military action is taking place.

“Gaza City has two layers. The surface layer contains the civilian infrastructure of homes, hospitals, roads and schools, with a military layer underneath of tunnels, command centres and where weapons are being stored. In most other wars, where civilian infrastructure, such as a school, gets taken over and is used as an army base, for example, it becomes a lawful military target.

“But what happens where a hospital is still being used a hospital on one level, but is used as a military headquarters on another level, which is what the Israeli and US governments say is happening?

“While the battlefield is more complicated than ever, it’s key to point out that international humanitarian law – the rules that are supposed to protect civilians in armed conflict – still apply and are still very clear that every effort must be made to avoid civilians becoming casualties of military operations. The law may have been written by our predecessors who were thinking of a two-dimensional battlefield, but the principles still apply, even though the definition of a military target cannot necessarily be so easily defined on a map.

“While Hamas, in common with other terrorist organisations that target civilians, has made no effort to conform to the norms of international humanitarian law and has deliberately killed civilians and taken civilian hostages, it’s important that Israel, as a liberal democratic nation and as a signatory to a number of international legal agreements governing the use of force, follows the rules as it conducts military operations in Gaza.

“We hold Hamas and the IDF to different standards of account – because one is considered by many countries to be a terrorist organisation, and the other is the army of a liberal democracy. While urban warfare is complex and difficult, it’s incumbent on all actors with any influence to follow and maintain the rules. Governments cannot pick and choose when international humanitarian law applies to them, and the IDF must be able to justify all its actions in Gaza as compliant with international law.

“It looks as if the IDF is considering the laws of warfare, by taking actions such as providing pauses in the fighting, allowing evacuations, and not intentionally targeting civilians. After the fighting has ended, any breaches on either side should be highlighted and those responsible should be held accountable, wherever possible.”