Disregarding Proportionality: A Barrier To Enhanced Israeli Security

A recent Israeli strike on the al-Aqsa Martyrs Governmental Hospital in central Gaza ignited a devastating fire, leaving four dead and 40 wounded. Many of the victims of this strike had been residing in tent encampments inside the hospital after being displaced from their homes due to the war. Graphic videos of the event were quickly posted to social media, showing the bodies of people being burned alive while others ran for safety and called out for help. Although Israeli military spokesman Avichay Adraee has claimed that the attack was carried out on a “command and control centre” used by Hamas, the United Nations Independent International Commission of Inquiry released a report stating Israel is carrying out “a concerted policy to destroy Gaza’s healthcare system.” The persistent disregard for civilian lives by the Israeli army has raised serious concerns about Israel’s compliance with international law, specifically the principle of proportionality, a violation of which is counterproductive to achieving greater security in Israel against Hamas.

In response to the attack that killed 1,200 Israelis and took over 250 civilians hostage on October 7th, Israel’s defense ministry and their allies have repeatedly stated that they have the right to self-defense and must take the necessary measures to ensure the country’s safety. This has resulted in the bombing of medical facilities, schools, and civilian homes. While Israel consistently claims that all its attacks have targeted spaces that Hamas is using for military purposes, Israel is still obligated to observe the rule of proportionality. Currently, this does not seem to be the case.

Israel’s neglect of proportionality further underscores its failure to discriminate between combatants and noncombatants adequately. For instance, according to CNN, “nearly half of the air-to-ground munitions that Israel has used in Gaza in its war with Hamas since October 7 have been unguided,” otherwise known as “dumb bombs,” contradicting the claim posed by Prime Minister Netanyahu that Israel’s military is “acting as morally as possible,” especially given the extreme population density in Gaza.

Although much of the Western world – including the United States, Canada, Germany, Britain, and others – have been long-time supporters of Israel, the trajectory of the conflict has led the international community to criticize the ways the war is being conducted, especially as the death toll and humanitarian crisis continues to grow. Other states such as South Africa, have asked the International Court of Justice (I.C.J.) to order Israel to immediately put an end to the war, alleging that Israel’s actions “are genocidal in character” due to the immense destruction being faced in Gaza, which lawyers further argue is a part of decades worth of Israeli occupation and oppression of Palestinians. Despite these sentiments, as well as orders from the I.C.J. that require Israel to refrain from any acts that may fall under the genocide convention, Netanyahu and other Israeli officials have reiterated that their army will sustain the war regardless of international pressure.

As grievances intensify and innocent Palestinians suffer, Israel’s efforts to “destroy” Hamas may be counterproductive and instead lead to additional threats toward its stability and national security. For instance, polling has indicated that Palestinians now support Hamas more than they did before the October 7th attack, according to War on the Rocks. This rise in support emphasizes the dire need for better approaches to addressing terrorism. The first step in implementing long-lasting counterterrorism strategies is to recognize that military force is the most unsuccessful way to eradicate terrorists and has been proven to exacerbate the proliferation of extremist groups. Although military attacks have been politically and publicly popular, a prominent scholar of political science Neta Crawford has stated, “A military assault that fails to kill or apprehend many terrorists and is thought to have harmed many noncombatants may only increase the resentment and resolve of other terrorists and swell the ranks of potential terrorist recruits.”

To genuinely combat Hamas, it will be necessary that Israel is held accountable to abide by the principle of proportionality. As a result, it falls upon those in positions of authority to implement effective counterterrorism strategies that will put an end to the conditions that drive individuals to join extremist organizations in the first place.

 

 

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