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Israel complied with int’l law in Gaza war against Hamas – JINSA
In addition, the report found that despite accusations from human rights groups that Israel violated international law, some Israeli precautions actually exceeded “those implemented in recent US combat operations that we participated in, despite confronting an adversary that often sought to exacerbate that risk deliberately,” the report said.
The authors included about a dozen senior and retired US military officers who traveled to Israel to examine the actions of both sides, and included: Lt.-Gen. Robert Ashley, former director of the Defense Intelligence Agency, Lt.-Gen. John M. Bednarek, former senior defense official in Iraq, Lt.-Col. Geoffrey S. Corn, the former chief international lawyer for US Army Europe and others.
If the IDF was mostly focused on degrading Hamas’s attack capabilities, the Gazan terror group was equally investing resources in a massive disinformation campaign to delegitimize Israel alongside its firing of rockets at Israeli civilians.
Comparing the Israeli experience to potential future challenges which the US may face, the report said: “The ability of an unscrupulous adversary to constrain military operations or even achieve strategic advantage against a much more capable opponent through the use of human shields and disinformation about both facts and law is a particularly concerning harbinger of what the United States might soon face.”
JINSA said that the US “will have to contest such conflicts emphatically, and preemptively, in the information domain as much as in the physical. The US military should train to operate in environments significantly more complex than Gaza – just as densely populated by civilians, but farther afield, with more limited intelligence, no air dominance, and a contested electromagnetic spectrum – while remaining committed to LOAC compliance.”
At the same time, the report said, “the US military must also be clear-eyed about setting realistic expectations for what that compliance will look like in such operations – it might not be feasible to take the same extraordinary but costly precautions Israel employed in Gaza.”
“Investments, together with partners like Israel, in new technologies to counter enemies’ advancing capabilities and enable mitigating risk to civilians will be critical,” it continued.
Getting more specific, the report said that, “the IDF has robust processes in place to ensure legal vetting of proposed targets, specific method of attack, and potential incidental injury and collateral damage. Its operations adhered to LOAC’s mandate to implement all feasible precautionary measures to mitigate risk to the Gazan civilian population.”
“Numerous leaflets were dropped, telephone calls were placed to residents, and text messages were sent to warn Gazan civilians to leave a defined area of operations in advance of airstrikes,” said the report.
JINSA stated that, “minutes preceding the actual attack, small munitions delivered a ‘knock on the roof’ to provide further warning of the impending attack – a tactic first used in 2014 and therefore familiar to the civilian population.”
In addition, “multiple surveillance platforms were dedicated to each target, often for hours, to ensure that civilians evacuated areas of attack. These impressive precautions often came at an operational and tactical cost to the IDF, allowing belligerents to escape, diminishing the tactical advantage of surprise, and reducing the number of other targets that could be monitored or struck,” it said.
Next, the report noted the May war was the “first artificial intelligence (AI) war” in which the IDF employed “AI algorithms and machine learning, paired with intelligence analysts in ‘man-machine teams’ to flag and review potential targets… that were significantly more detailed, accurate, and timely than in 2014.”
The report accepted Israeli estimates that out of 264 Palestinians killed, 37% were combatants and another 15% were believed to be combatants, and noted that no civilians were killed in precision attacks on 20 high rise towers.
Also, the report said that “the IDF utilized thousands of Israeli and US produced PGMs (Precision Guided Missiles), including small laser-guided bombs (SLGB), GBU-39/B small diameter bombs (SDB) and Joint Direct Attack Munition (JDAM) tail kits that convert unguided air-to-ground munitions to PGMs. With these weapons, the IDF could apply its precise and timely intelligence regarding target locations,” to limit civilian casualties.
Tracking the disinformation campaign against the IDF, the report said that the problem started with, “The media and public’s misunderstanding of how LOAC applies to military operations – especially the false assumption that the effect of an attack, and especially the presence of civilian casualties, determine its legality.”
“Coupled with social media’s ability to transmit graphic images rapidly and globally without explanatory context,” the report said Hamas succeeded at making “audiences more receptive to Hamas’s disinformation that Gazan suffering was evidence of Israeli LOAC violations.”
Numerous organizations, including the United Nations, Amnesty International and Human Rights Watch – organizations claiming to be experts in the relationship between law and military operations – quickly seemed to accept Hamas’s assertions of unlawful IDF operations.
JINSA accused these groups of misunderstanding or mischaracterizing the principle of distinction “to mean that military objectives cannot be lawful targets whenever they are placed in civilian areas. Meanwhile, the principle of proportionality seems to be interpreted as presenting some quantitative (but unspecified) threshold of civilian casualties or destruction of civilian property above which an attack violates LOAC. Neither of these interpretations is correct.”
Also, the report blamed Israel for only using the IDF spokesperson giving narrow details about specific operations and as its main microphone to the world as opposed to using the Foreign Ministry to educate the world about the larger context.
“On their own, without context and explanation, these facts proved insufficient to align the public perception of the legitimacy of IDF operations with the reality of their LOAC compliance,” said JINSA.
Moreover, the report flagged that Israel’s effectiveness in explaining its narrative was “further decreased by delays and several major missteps, including delayed justification for the IDF’s strike on the al-Jalaa building housing international media in Gaza as well as the perception that the IDF intentionally lied to the media about launching ground operations in Gaza.”
Further, the report stated, “we encountered a lingering resignation among military and civilian leaders in Israel that no improvement in their messaging can overcome the rush to condemnation that appears reserved for Israel alone among all nations… But our review also indicates that even if messaging efforts have marginal impact, ceding the information domain to the enemy is an unacceptable response.”
“To improve communications with international media, organizations and publics, militaries should seek more effective ways to rapidly provide more detailed information to the public,” said the report.
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Israeli Law Center representing IDF soldiers condemns ICC Indictment of Netanyahu and Gallant
The Shurat HaDin Law Center, which has been leading the fight against efforts by the International Criminal Court to investigate and prosecute Israeli officials, officers, and troops, has condemned the court in The Hague for its efforts to unjustly arrest Israeli Prime Minister Netanyahu and former Defense Minister Gallant.
Shurat HaDin has argued in recent briefs submitted to the ICC that the Chief Prosecutor does not have proper jurisdiction to indict Israeli leaders or soldiers as Israel is not a signatory to the Rome Treaty and that the Palestinian Authority is not a state, as is required to be a member of the ICC. Moreover, they allege that the Chief Prosecutor has displayed his bias and anti-Israel slant by refusing to indict any meaningful members of the Hamas terrorist organization that attacked the Jewish State on October 7, 2023, murdering and kidnapping civilians.
According to Shurat HaDin President Nitsana Darshan-Leitner: “The ICC has finally revealed its extreme bias against Israel and its blatant antisemitism by filing indictments against Israel’s leaders. How shameful that instead of recognizing the murder, maiming, raping, and arson against innocent Israelis, they have chosen to take the side of the terrorist Palestinian groups and joined the fight against Israel. The ICC completely ignores the language of its own Rome Treaty and its deliberate limitations and instead finds skewed paths and unlawful justifications to bestow statehood on the Palestinians and assert legal jurisdiction over Israel. This extreme decision creates a dangerous precedent for the ICC to target other democratic armies and leaders. The Western democratic member states need to immediately protest and disavow the Court’s ruling. They must pledge to ignore the indictments against Israelis. We are calling on the US Congress, Senate, and Administration to finally sanction the ICC, its racist judges, and its chief prosecutor. They must take bold action against The Hague. Tomorrow, they’ll be indicting American officials and troops as well.”
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Netanyahu, IDF at odds over how many haredim it can absorb
Prime Minister Benjamin Netanyahu’s briefing to the Knesset Foreign Affairs and Defense Committee on Monday put him at odds with the IDF regarding how many haredi the military can absorb in a short amount of time.
Netanyahu said that while he was in favor of increasing haredi integration into the IDF, in practicality, the military needed more time to establish haredi-tailored programs and environments for this to be successful.
The prime minister’s remark comes days after top IDF officials presented a series of highly specific, customized programs for the ultra-Orthodox that are either already open or are “ready to go” as soon as the haredi respond to their military summons. This directly contradicts the prime minister’s words during the briefing.
Netanyahu spoke to the committee in a closed and classified hearing, but portions of what he said were, nevertheless, publicized, including his comments regarding haredi integration into the IDF.
When asked about the issue, Netanyahu said, “We would prefer that anyone who is not studying [in a yeshiva] share the burden [of military service.] But right now, there is a gap between what the army says it can absorb and what it can absorb, so the absorption capacity of the IDF needs to be increased.”
He added that there were intentions to create new frameworks that would allow the haredi to maintain their way of life as well as to respond to operational needs, such as establishing an ultra-Orthodox base along the border with Jordan that would be responsible for defense there.
How to fulfill the IDF’s need for more soldiers
Besides that example, Netanyahu said that the army’s need for more soldiers could be filled by extending the service of mandatory service soldiers as well as calling up a variety of reservists from among the population living in border communities who never responded to their call-ups or were given exemptions.
In contrast to Netanyahu’s statements, seeming to indicate that the IDF cannot absorb a significant increase of haredi men, the military has said repeatedly, dating back to August, that it has been ready to receive an additional 3,000 haredi per year, on top of the approximately 1,800 per year it has already been absorbing.
The announcement in August and the sending of summons to 3,000 members of the ultra-Orthodox community came after months of extensive work and the investment of significant resources to prepare both personnel and bases for a new, major influx.
One new option for service that the IDF has already added for the haredi to make their service more attractive is serving in technical and logistical capacities at hardened aircraft shelters at an air force base section where only men will serve.
Another new option is called the Yoav Track in logistics command centers, which includes fulfilling a wide variety of technical and logistic roles throughout the military, and not just in the Israel Air Force.
Also, though Netanyahu said that the IDF should look into forming a new haredi brigade, the military had already announced last week that on December 26, it would open one, distinct from Netzach Yehuda.
Netzach Yehuda had been the brigade that most of the haredi wanted to join to date. However, it has turned off many of the ultra-orthodox because it has a reputation for being more religious Zionist in nature than haredi.
Additionally, there is a recently established unit of haredi serving at the Ofer detention center, and that program is expected to grow.
Further, a Lt.-Col. with a hassidic Chabad background, who has joined the army. He will be focused on haredi affairs and making sure new inductees are comfortable and are having their needs addressed.
Despite a detailed presentation last week about all of these new service mediums as being already established for haredim, a spokesperson for Netanyahu doubled down on the claim that the IDF was still lacking in its capacity to absorb a major influx of haredi soldiers.
Tovah Lazaroff contributed to this report.
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Paul Weller, Primal Scream, Kneecap headline London’s ‘Gig for Gaza’
British rocker Paul Weller, Scottish band Primal Scream, and Irish rappers Kneecap will headline a ‘Gig For Gaza’ charity show at London’s O2 Academy Brixton on Dec. 13.
Weller, the former frontman for 1970s punk pioneers The Jam, is curating the show, with all proceeds going to organizations Medical Aid For Palestinians and Gaza Forever, which purportedly provide essential aid – including food, medical supplies, and emergency shelter – for Gazans who have been forced to flee their homes due to the Israel-Hamas War.
“This is an opportunity to enjoy a night of powerful music and make a tangible difference in the lives of people facing unimaginable hardship,” a press release for the show said. The concert will also feature guest speakers and short films.
Weller of Primal Scream performed with Palestinian flag
During a recent tour of the US, Weller, a longtime advocate for leftwing causes, performed with a Palestinian flag draped over his guitar amplifier. Speaking onstage from Glasgow, Scotland, last month, Weller said, “I would like to dedicate that last song to all the tens of thousands of women, children, babies, men, civilians in Palestine and Gaza. I would ask you one question. It’s really simple. There is no grey area. Are you for genocide, or are you against it? It’s a f–-king yes or no question…”
Over the summer, Primal Scream, which formed in the 1980s, gave their support for a jersey design for a Palestinian refugee football team based on their classic record ‘Screamadelica.’
In March, Kneecap withdrew from performing at the SXSW Festival in Austin, Texas, after it was revealed that the US Army was a “super sponsor” of the event as well as defense contractor RTX Corporation.
“It is done in solidarity with the people of Palestine and to highlight the unacceptable deep links the festival has to weapons companies,” the group explained of their decision via Instagram. “This will have a significant financial impact on Kneecap… but it isn’t an iota of hardship when compared with the suffering being inflicted on the people of Gaza.
None of the artists appearing nor promo material for the concert mentioned the 101 Israeli hostages being held by Hamas in Gaza, nor the October 7 massacre that killed over 1,200 Israelis and sparked the current war aimed at toppling Hamas.
David Brinn contributed to this report.
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