Israel, Gaza, and the Law of War

Published: Jan. 4, 2024, 10 a.m.

The conflict between Israel and Hamas is provoking heated debates about which side is in the right. Each accuses the other of things like war crimes. Oftentimes, they\u2019re expressing a political or moral judgment\u2014but the fact is, these are also legal terms.

So for this discussion, we\u2019re going to step back from the debates and try to take a dispassionate look at the law that applies here\u2014international humanitarian law, or IHL.

To do that, Lawfare Executive Editor Natalie Orpett sat down with Gabor Rona, who previously served as the legal adviser for the International Committee for the Red Cross. They talked about what IHL has to say about the most heated debates of this conflict, including the high number of civilian casualties in Gaza and Hamas\u2019s use of human shields. They talked about the gaps in the law. And they talked about whether the law even matters here. 

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