Beyond Kamala Harris, beyond Netanyahu’s speech, beyond the near riots in Washington is another main story of the day. That would be the IDF’s recovery of the bodies of five Israelis who were murdered on October 7. The corpses were being held in a tunnel beneath one of the safe zones for civilians Israel has designated in Gaza; no doubt Hamas was keeping them as gruesome bargaining chips.
The discovery of the bodies is but one more example of how Hamas exploits Israel’s both concern for its own citizens, dead or alive, and for international humanitarian law (IHL), which regulates military conduct. As Farhad Rezaei explains, this is a carefully devised Hamas doctrine, with intellectual roots that go back decades:
Devastated by the revolutionary upheaval and the war with Iraq, the new Iranian regime lacked the resources to take on a regular and robust army such as the IDF. Instead, the Islamic Revolutionary Guards Corps (IRGC), the parastatal military force loyal to the supreme leader, adopted an asymmetrical form of warfare based on the theory of Brigadier-General S.K. Malik, an Islamist who served on the Pakistani high command. In his book, The Quranic Concept of War, General Malik urged jihadists to wage a relentless and ruthless war against the enemy—militants and noncombatants. He also decreed that it was the duty of Muslim civilians caught up in the battles to die for the jihadist cause.
The IRGC used these ideas to create a doctrine that gave their proxies, mostly Shiite militias, significant advantages over a regular army following what jus in bellum dictates.
Meanwhile, in February, the U.S. National Security Council released its Memorandum 20, which aims to ensure that allies receiving American military aid don’t violate international humanitarian law. While it is certainly desirable that the U.S., Israel, and other countries take steps to follow international law and to limit civilian casualties, Rezaei suggests that some of the specifics of this body of jurisprudence must be refined to deal with current circumstances. Otherwise these laws risk undermining their very purpose:
Pressuring Israel alone to uphold humanitarian standards is counterproductive because it allows Hamas to survive and fight another day. . . . Thus, the United States and its allies must revise the IHL protocols in ways that would deprive terrorists and their sponsors of military and public-relations advantages.
Read more at National Interest
More about: Gaza War 2023, International Law, Iran, Laws of war