The Louis D. Brandeis Center (LDB or the Brandeis Center) has published an important new fact sheet on its website on International Humanitarian Law (IHL) and its application in asymmetric warfare, or conflicts between a state or traditional force and a non-traditional or non-state force (e.g., Israel and Hamas). This fact sheet educates students and others and helps them counter ill-informed criticisms of Israel, which will almost surely be on the rise as students return to campus and events in Gaza and Israel continue to feature in the media, including the press and social media.
LDB starts by briefly explaining what IHL is and where it comes from, and provides definitions of four core IHL principles—necessity, distinction, proportionality, and precautions. These terms are frequently invoked by media, governments, and college activists in accusing Israel, and specifically the Israeli Defense Force (IDF), of violating international law when conducting military operations. A proper understanding of these terms, however, and their application in asymmetric conflicts demonstrates the extent to which Israel’s military defense honors these principles—and the extent to which non-state actors like Hamas do not.
By L. Rachel Lerman, LDB Vice Chair and Senior Counsel
The terms “unnecessary,” “indistinctive,” “disproportional,” and “ill-precautioned,” are frequently invoked by media, governments, and college activists in accusing Israel, and specifically the Israeli Defense Force (IDF), of violating international law when conducting military operations. But these terms are often used improperly by persons lacking an understanding of international humanitarian law (IHL) and its application to asymmetric warfare.
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