Latest in Gaza
A new Israeli Supreme Court judgment applies a 2012 amendment to civil tort immunity legislation to effectively block tort claims arising from incidents in Gaza.
The organization's narrow focus on armed conflict has limited its options and appeal at times, but it may now be its greatest strength.
Since the beginning of May 2019, violence has increased between Israel and militants in Gaza.
Escalations in the armed conflict between Israel, Hamas and other armed groups in the Gaza Strip tend to follow a familiar pattern. Often, following the shooting of rockets or the launching of incendiary balloons from Gaza to Israel, the Israeli government will constrain the space available for fishing next to Gaza’s shores. When matters become calmer, the fishing zone is extended.
Human Rights Watch (HRW) recently released a report accusing both Hamas and the Israeli government of committing war crimes regarding an incident in May 2019. During these hostilities, the Israeli Defense Forces (IDF) struck 350 Hamas and Palestinian Islamic Jihad targets in Gaza after those groups launched roughly 690 rocket attacks into Israel. HRW’s report claims that both sides unlawfully attacked civilians during the hostilities.
Politicians, trial lawyers and drafters of reports learn early on that framing an argument is central to the task of persuasion. And so it goes for the report by the U.N. Human Rights Council’s Commission of Inquiry (COI) on the border confrontation that occurred last spring between Israeli Defense Forces (IDF) and the tens of thousands of Gaza residents who sought to force their way into Israel by breaching the security barrier.
Fighting in Hodeidah Closes in on Strategic Port
“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.