In our professional opinion, Israeli actions in Gaza reflected a consistent and good-faith commitment to respect and implement these LOAC principles.
IDF military legal advisers vetted all proposed targets. Its commanders took all feasible precautionary measures, at times implementing more than the law required as a matter of policy. The IDF dropped leaflets, placed phone calls and sent text messages warning Gazan civilians in advance of airstrikes.
Small “knock on the roof” munitions delivered further warning. We saw footage of the IDF waiting for civilians to clear a building — and of commanders calling off strikes when they did not.
These precautions came at a cost. They often allowed enemy fighters to escape. They also tied up Israeli aircraft, reducing the number of targets that could be monitored or struck. The IDF accepted these costs because of its commitment to protecting civilians.
The same can’t be said of Hamas. It deliberately targeted Israeli civilians. Even when ostensibly attacking military targets, it routinely did so indiscriminately. It exploited Gazan civilians as human shields, deliberately locating its military assets — including rocket launchers, mortars, command posts and military tunnels — in civilian areas when other options were available. This is all compelling evidence of LOAC violations.
This was an intentional, and integral, part of Hamas’ strategy. Putting Gazans in harm’s way made it harder for the IDF to strike Hamas targets while complying with LOAC. It also created the potential for civilian casualties that could be leveraged to accuse Israel of LOAC violations.
