Latest in 2014 Gaza Conflict
The ICC prosecutor’s determination of jurisdiction relies on a controversial and legally problematic recognition of Palestinian statehood.
“No plan survives first contact with the enemy.” This axiom informs compliance with the law of armed conflict (LOAC) in combined arms maneuver: combat operations involving ground forces employing a range of capabilities to achieve an overarching “commander’s intent.” Ground maneuver combat is decentralized and dynamic, especially when dealing with an agile and adaptable enemy. LOAC’s application will often turn on factors such as available capabilities, the enemy’s strength and tactics, time for deliberation, and the speed of maneuver.
Since 2014, the IDF has been conducting investigations into incidents that took place in Gaza during Operation Protective Edge (July-August 2014) and raised concerns about Israeli Defense Forces (IDF) compliance with Israeli law and international law of armed conflict. In the course of the investigation, the office of the Military Advocate General (MAG)—Israel’s chief military legal officer—has reviewed some 360 incidents, referring 24 of them for criminal investigation. These have led so far to the conviction of three soldiers for the crime of looting.
Despite the many tumultuous events that have transpired in both the Middle East and the rest of the world since 2014, the conflict that erupted during that summer between Israel and Palestinian armed groups, particularly fighting involving Hamas in Gaza, continues to have importance with respect to the politics of the region, as well as the law and policy in the conduct of armed operations by all sides.