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grossproffit

(5,591 posts)
Wed Jun 10, 2015, 07:16 AM Jun 2015

Int'l Legal Experts Slam IDF - For Over-Warning Gazans.

Experts from US, Germany warn IDF 'legal zeal' sets dangerous precedent tying hands of democracies fighting terror.

The IDF went to extraordinary lengths last summer to prevent civilian casualties while fighting Hamas terrorists in Gaza, achieving a remarkable 1:1 civilian to combatant ratio, but according to international legal experts it went too far in avoiding casualties among the enemy population.

Willy Stern of Vanderbilt Law School, in an article to be published next Monday in the Weekly Standard, details what he found while spending two weeks with attorneys in the IDF's international law department dubbed "Dabla" as well as front-line commanders, and documents the IDF's "legal zeal" which as he notes has not stemmed the deluge of international criticism against it.

Stern listed how the IDF bombarded Gaza residents with thousands of telephone calls, leaflet drops, TV and radio messages, as well as calls to influential citizens urging them to evacuate residents, and in doing so gave the terrorist enemy detailed information about its troop movements.

"It was abundantly clear that IDF commanders had gone beyond any mandates that international law requires to avoid civilian casualties," writes Stern. He reported how Dabla attorneys have to sign off on a "target card" for each airstrike on terror targets, with the cards enumerating all of the relevant data about the planned strike.

In contrast, the Hamas "doctrine manual" captured by the IDF in the Shejaiya neighborhood early last August documents how the terror group urges its fighters to embed themselves among civilians in hopes that the IDF will kill civilians.

http://www.israelnationalnews.com/News/News.aspx/196506#.VXgbY_nF_kI
33 replies = new reply since forum marked as read
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Int'l Legal Experts Slam IDF - For Over-Warning Gazans. (Original Post) grossproffit Jun 2015 OP
What? Erich Bloodaxe BSN Jun 2015 #1
Yes, it's both remarkable and unprecedented. grossproffit Jun 2015 #3
In most wars, civilians have been deliberate targets. Erich Bloodaxe BSN Jun 2015 #4
Message auto-removed Name removed Jun 2015 #5
Swat teams that don't shoot anyone until they're being shot at. Erich Bloodaxe BSN Jun 2015 #6
Curious as to why you would put "enemy army" in single quotations? grossproffit Jun 2015 #7
Message auto-removed Name removed Jun 2015 #10
Ain't that the truth. grossproffit Jun 2015 #11
Because you generally don't have armies in areas you're occupying. Erich Bloodaxe BSN Jun 2015 #12
Ah, those 'resistance fighters.' eom grossproffit Jun 2015 #15
Well, there's one problem. Igel Jun 2015 #16
Message auto-removed Name removed Jun 2015 #21
Message auto-removed Name removed Jun 2015 #9
How do the SWAT teams get into Gaza to do their jobs? hack89 Jun 2015 #13
Red rover, red rover, can our SWAT team come over? grossproffit Jun 2015 #14
Welcome to the forum. Nice to have you here! grossproffit Jun 2015 #8
Post removed Post removed Jun 2015 #22
He/she wont be here long. nt bunnies Jun 2015 #23
Reality only Israel is claiming that all other agencies report 70%-75% of the dead are civilians azurnoir Jun 2015 #18
No it isn't! parkia00 Jun 2015 #28
IDF-lawyers covering for the IDF. Are we supposed to believe this? DetlefK Jun 2015 #2
You count the dead. Igel Jun 2015 #17
If the Pentagon released a report... DetlefK Jun 2015 #19
... of course arutz "settler news" sheva is the source of choice here azurnoir Jun 2015 #20
Chairman of Joint Chiefs of Staff says Israel went to "extraordinary lengths" to limit... shira Jun 2015 #24
That's a crappy article full of lies, and a few minutes with Google proves it. Little Tich Jun 2015 #25
Your opinion has been noted. grossproffit Jun 2015 #26
Sources? B'tselem had to reluctantly fire a researcher who denied the Shoah... shira Jun 2015 #27
SCG News? oberliner Jun 2015 #29
I normally wouldn't use such an obviuosly dubious source, but that manual is a mystery. Little Tich Jun 2015 #30
The manual has been on the IDF website for a year (and remains there) oberliner Jun 2015 #31
The problem is that the IDF post is no better than the article from SCGNEWS. Little Tich Jun 2015 #32
Hamas acknowledged the IDF claim in 2009 of a 1:1 civilian to combatant ratio... shira Jun 2015 #33

Erich Bloodaxe BSN

(14,733 posts)
1. What?
Wed Jun 10, 2015, 07:26 AM
Jun 2015
The IDF went to extraordinary lengths last summer to prevent civilian casualties while fighting Hamas terrorists in Gaza, achieving a remarkable 1:1 civilian to combatant ratio,


Killing a civilian for every combatant you kill is 'remarkable'? Remarkably careless, I guess.

Erich Bloodaxe BSN

(14,733 posts)
4. In most wars, civilians have been deliberate targets.
Wed Jun 10, 2015, 07:41 AM
Jun 2015

From the dawn of time through at least WW2, when we dropped bombs on civilian cities, or the firebombing of Dresden.

And even now in many countries.

If you claim you're trying to 'avoid' civilian casualties, that still seems like a crappy ratio.

Response to Erich Bloodaxe BSN (Reply #1)

Erich Bloodaxe BSN

(14,733 posts)
6. Swat teams that don't shoot anyone until they're being shot at.
Wed Jun 10, 2015, 08:35 AM
Jun 2015

Not blowing up hospitals and schools.

Treating Palestinian citizens the same way you would treat Israeli citizens. If the 'enemy army' was shooting missiles off from within one of your own cities, would you blow up that city to stop them? Somehow I don't think so.

Response to grossproffit (Reply #7)

Erich Bloodaxe BSN

(14,733 posts)
12. Because you generally don't have armies in areas you're occupying.
Wed Jun 10, 2015, 09:21 AM
Jun 2015

You may have resistance fighters, but 'armies' are generally things occupying powers find and destroy or disband.

Igel

(35,393 posts)
16. Well, there's one problem.
Wed Jun 10, 2015, 11:44 AM
Jun 2015

Redefining the word "occupy" for use in one situation, and then using another definition without noticing the bait-and-switch for the same word in another situation.

If a country is under occupation, it means "the holding and control of an area by a foreign military force". The best that can be said of Gaza is that it's under a blockade and is economically dependent on Israel. There are no military forces on the ground; there is no occupation government; the Israeli government neither holds nor controls the area by means of its military. That's the only definition that can be operable in your post because it requires boots on the ground to "find and destroy or disband."

Take the Warsaw ghetto. It was occupied only when the troops moved in. It was beseiged, blockaded, limited before then. There was some control over the territory, but only in some ways--what went in and out. It's useful to have distinctions; they are the building blocks of communication.

Some people have tried to redefine the word because they need the emotional and psychological baggage that goes with it. Because they hate the idea that a hated enemy can redefine anything about them without their permission. Because they'd have to have a much weaker set of posters (although I find "end the blockade" to be no less useful than "end the occupation"; that's just me, for many "occupation" is a much worse status and so I can see why that word has to be kept By Any Means Necessary, however much we have to redefine it on the sly to manipulate and trick people).

So "occupation" has had a proposed redefinition put forth by a handful of scholars with activists sucking up to the fallacy with great passion as meaning "effective" control (which is to say, making it subjective, and granting just one small group of people authority to decide the definition as they go along). Then they've added that the status isn't amenable to termination by one side (meaning, of course, that the other side is the "one side" that determines when the occupation is over). Since occupying authorities have obligations, this amounts to enslaving that other country by virtue of being occupied: All troops out, the blockade ended, still Gaza could say "we are occupied" and use that as a unilateral weapon to make demands.

Nice, objective definitions are handy, but in a pomo world where power must be shared (defined as "you give me yours while I keep mine or give it to friends&quot , even just the power to define words, they're really hated. Reality can be so delimiting and constricting.

Response to Erich Bloodaxe BSN (Reply #12)

Response to Erich Bloodaxe BSN (Reply #6)

hack89

(39,171 posts)
13. How do the SWAT teams get into Gaza to do their jobs?
Wed Jun 10, 2015, 09:22 AM
Jun 2015

do you think Hamas will let those SWAT teams shoot Hamas militants with impunity?

Response to grossproffit (Reply #8)

parkia00

(572 posts)
28. No it isn't!
Thu Jun 11, 2015, 10:28 AM
Jun 2015

If you follow the classification of militant, combatant or terrorist as being all males between the ages of 15 to 60 as some people do, this ratio of 1:1 holds true. Then the same asinine individuals who feel it's their patriotic duty to justify killings of people whom they do not approve of will proudly go some some public forum and trumpet said nonsensical facts that they have already used to justify to themselves. And if you disagree with their superior logic, you are against them and they have a whole slew of their facts to throw around.

DetlefK

(16,423 posts)
2. IDF-lawyers covering for the IDF. Are we supposed to believe this?
Wed Jun 10, 2015, 07:32 AM
Jun 2015

Are we supposed to believe there wouldn't be a PR-campaign after the Gaza-debacle with reckless killing of civilians, with israeli soldiers using Palestinians as shields and as bait, with israeli soldiers saying they were told by superiors to shoot everybody because nobody they engage would actually be a civilian, with international backlash, with BDS, with a new wave of anti-israelism and anti-semitism...

What does that 1:1 civilian-to-combatant-ratio mean?
Palestinian civilians to palestinian combatants?
Palestinian civilians to israeli combatants?

Igel

(35,393 posts)
17. You count the dead.
Wed Jun 10, 2015, 11:56 AM
Jun 2015

You separate them into civilian and non-civilian.

The ratio is 1:1. That's actually quite good. Very good for urban warfare, which is where for a few reasons the fighting in Gaza is mostly carried out.

Few IDF troops died, so it's not a big deal if you include them or not.

Some people want a thoroughly sanitized war. Heck, some even want parity in warfare. "Let's see, I have an assault rifle, a semi-automatic handgun, a knife, and a cudgel. The enemy is approaching with his assault rifle drawn, so I can use that. Damn! He put it down and got out his knife, so I can only use my knife or my club. Oh, wait, we've killed 23 of their guys and only 16 of ours guys are down. My true moral duty is to allow myself to be killed." They're so against the wrong people have any superiority, even just numerical or technological, it's mind numbing. Of course, if it's their side they're all for it. They consider this to be "high minded principle." It's not, but self-delusion is the way to bet.

Others simply go to great extremes of ill-will to discount anything good that might be attributed to the Evil Ones. (They're fine with horribly destructive "mistakes" resulting from other policies that they like, of course.) So the 1:1 ratio is only "good" because Dresden.

I'm curious as to what will happen when people start thinking critically instead of just being critical. "Wait! Before we can even accept a 1:1 claim we have to figure out the basis that the IDF is claiming dead Palestinians are civilians or combatants! What if the actual figure is 5:1 because they're faked the numbers?"

Instead, we just get attribution of bad will and malice and blind worship of confirmation bias. Always an intellectual undercurrent but now a rip tide, a default required practice with forced re-education and self-criticism or exile if we fail to meet the basic requirements. Sic transit gloria DU.

DetlefK

(16,423 posts)
19. If the Pentagon released a report...
Wed Jun 10, 2015, 12:10 PM
Jun 2015

"We have pacified this iraqi village. We went in there with helicopters and tanks and snipers and we killed this many insurgents and this many civilians. All in all, we performed pretty good that day."

Would you believe them right-away?

 

shira

(30,109 posts)
24. Chairman of Joint Chiefs of Staff says Israel went to "extraordinary lengths" to limit...
Wed Jun 10, 2015, 07:15 PM
Jun 2015

...civilian deaths.

The highest-ranking US military officer has said that Israel went to "extraordinary lengths" to limit civilian casualties in the recent war in Gaza that killed hundreds of Palestinians, mostly civilians.

Army General Martin Dempsey, the chairman of the Joint Chiefs of Staff, acknowledged recent reports criticising civilian deaths during the 50-day Gaza war this year but told an audience in New York on Thursday he thought the Israel Defence Forces "did what they could" to avoid civilian casualties.

http://www.aljazeera.com/news/americas/2014/11/us-general-backs-israel-gaza-casualties-2014116223154357768.html

Little Tich

(6,171 posts)
25. That's a crappy article full of lies, and a few minutes with Google proves it.
Thu Jun 11, 2015, 12:21 AM
Jun 2015
The U.N. says 7 in 10 Palestinians killed in Gaza were civilians. Israel disagrees.
Source: Washington Post August 29, 2014
Read more: http://www.washingtonpost.com/world/middle_east/the-un-says-7-in-10-palestinians-killed-in-gaza-were-civilians-israel-disagrees/2014/08/29/44edc598-2faa-11e4-9b98-848790384093_story.html



Black Flag
Source: B'Tselem
The legal and moral implications of the policy of attacking residential buildings in the Gaza Strip, summer 2014
January 2015

"The report looks at the policy of bombing residential buildings in Gaza during Operation Protective Edge. This policy was one of the horrifying hallmarks of the fighting in Gaza in the summer of 2014, leading to the death of hundreds of people – more than a quarter of the operation’s Palestinian casualties. The report examines the recurrent stories of many Palestinian families who lost everything in a split second and analyzes Israel’s contention that it followed IHL provisions. While Hamas openly declared its intent to harm Israeli civilians, Israeli officials kept saying, both during and after the war, that the military had obeyed the law and done everything in its power to avoid harming civilians. The report indicates that these claims are entirely baseless."

Read more: http://www.btselem.org/publications



2014 Israel–Gaza conflict
Source: Wikipedia
(5t paragraph snip)
The Gaza Health Ministry, UN and some human rights groups reported that 69–75% of the Palestinian casualties were civilians; Israeli officials estimated that around 50% of those killed were civilians. (end snip)
Read more: http://en.wikipedia.org/wiki/2014_Israel%E2%80%93Gaza_conflict



IDF Hamas Human Shield Manual a Sloppy Forgery - The Evidence [UPDATED August 8th]
Source: SCGNEWS (not sure if it's reliable as a source)
Read more: http://scgnews.com/idf-hamas-human-shield-manual-a-sloppy-forgery



When it comes to civilian casualties, I will trust B'Tselem and the UN on the issue, as they have no reason to fudge the numbers. So basically 2/3 to 3/4 of those killed were civilians. I also agree with B'Tselem that the IDF didn't take precautions to avoiding harming civilians. In fact, I personally think that civilians were targeted, for there is no other mechanism that explains how whole families are killed in their own homes, while the IDF know that they're there. The 1:1 combatant to civilian ration is remarkable only because it's a blatant lie.

That strange Hamas "doctrine manual" has been flagged as a fake, and with the evidence presented, it could be true. I don't think the IDF has referred to it since it was brought up, anyway.

If this is what Israel can present as defence in the ICC, then Israel is in deep trouble.
 

shira

(30,109 posts)
27. Sources? B'tselem had to reluctantly fire a researcher who denied the Shoah...
Thu Jun 11, 2015, 05:58 AM
Jun 2015

In 2013, B'tselem had to let go of a cameraman who was throwing rocks at IDF soldiers. They've been caught lying numerous times when claiming civilians (who were really militants) were killed in Gaza. Worse, they deny Hamas' use of human shields (worst kept secret ever) that contributes greatly to loss of life in Gaza. They don't even report on women and children combatants, choosing to portray all of them as innocent civilians killed by Israel.

No one takes the UN seriously on Israel. The Goldstone report on Gaza was an absolute farce & isn't even brought up anymore because Goldstone took back his most serious charges against Israel (deliberately targeting/killing civlians). And of course B'tselem endorsed the report, knowing it was crap well in advance of Goldstone walking it back.

=========

Recall that in the 2009 Gaza war, it was claimed Israel killed 75-80% civilians when that ratio was really 1:1. Hamas later acknowledged the IDF's figures well after their propaganda coup.

Of course, neither B'tselem or the UN apologized for claiming 75-80% civilian casualties back then, and they won't do it now. And if you think they're right this time around for the 2014 war, then read this whopper...

How the AP Botched Its Investigation of Civilian Deaths in the Israel-Hamas War
http://observer.com/2015/03/how-the-ap-botched-its-investigation-of-civilian-deaths-in-the-israel-hamas-war/

=========

You then finish with an article from SCGNEWS that you're not sure is a reliable source.



If you don't believe it's reliable, then don't use it.

 

oberliner

(58,724 posts)
29. SCG News?
Thu Jun 11, 2015, 10:34 AM
Jun 2015

Barack Obama The Case for Impeachment [SCG News 5.15.2013]

Benghazi What You're Not Being Told [SCG News]

Isis & Al Nusra Merge & Announce Islamic Caliphate - Obama to Send them $500 Million
30.Jun.2014 | SCG

That's a hell of a source you're using there. Appears to be links and ravings from a deranged lunatic (check his "who is SCG" rambling).

Little Tich

(6,171 posts)
30. I normally wouldn't use such an obviuosly dubious source, but that manual is a mystery.
Thu Jun 11, 2015, 03:15 PM
Jun 2015

If it was genuine, it surely would have been used as proof for the use of human shields, but there's been no mention of it. The manual is as dubiuos as its refutal.

 

oberliner

(58,724 posts)
31. The manual has been on the IDF website for a year (and remains there)
Thu Jun 11, 2015, 03:59 PM
Jun 2015

Pretty sure that if it was a forgery, we would have heard from someone a little more reputable than this crackpot.

I'm not sure that it proves what the IDF says it proves, but I am comfortable in saying that the ravings of the "Storm Clouds Gathering" guy are not worth taking seriously.

Little Tich

(6,171 posts)
32. The problem is that the IDF post is no better than the article from SCGNEWS.
Thu Jun 11, 2015, 11:04 PM
Jun 2015

Which one is reliable? Should I trust the IDF?

 

shira

(30,109 posts)
33. Hamas acknowledged the IDF claim in 2009 of a 1:1 civilian to combatant ratio...
Fri Jun 12, 2015, 05:32 AM
Jun 2015

....while all other media outlets were going with the original Hamas claims of 75-80% civilian casualties.

Who was right & who was wrong then?

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