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Legally Blind: The New York Times’ Muddled View of Law of Armed Conflict
The New York Times newspaper. Photo: Wikimedia Commons.
In an investigative piece, “Israel Loosened Its Rules to Bomb Hamas Fighters, Killing Many More Civilians,” The New York Times reports that it found that “Israel severely weakened its system of safeguards meant to protect civilians; adopted flawed methods to find targets and assess the risk of civilian casualties; routinely failed to conduct post-strike reviews of civilian harm or punish officers for wrongdoing; and ignored warnings from within its own ranks and from senior U.S. military officials about these failings.”
The New York Times summed up its findings in a separate article, “Eight Takeaways: How Israel Weakened Civilian Protections When Bombing Hamas Fighters.” While there was actual acknowledgment that Jerusalem has complied with international laws of armed conflict, the Times reverted to type, revealing that their recent investigation found that Israel had “…severely undermined its system of safeguards to make it easier to strike Gaza.”
Critically, paper fails to mention that following the October 7 massacre, the elevated threat level posed by Hamas provided a legally justifiable reason for Israel to change the way it interprets its rules of engagement. By not acknowledging this point, the December 26 piece displays a remarkable ignorance of the legal doctrine of proportionality regulating the conduct of hostilities.
“Eight Takeaways” claims that the IDF is using “…flawed methods to find targets and assess the risk to civilians.”
But according to the law of armed conflict, as long as an attack is proportionate to the concrete and direct anticipated military gains, any incidental wounding or killing of civilians may not automatically be deemed an unlawful act, subject to individual assessment.
In other words, The New York Times is working off a false assumption, whereby the number of civilian casualties – potential and actual – between both sides of a conflict should be roughly even in order to not weaken one side’s ‘civilian protections.’
What Is Proportionality?
But, under the laws of armed conflict, an attack is only considered disproportionate, and therefore illegal, “if the anticipated collateral damage to civilians and civilian objects would be excessive in relation to the military advantage expected from the attack.”
Moreover, what is considered proportionate and legal can evolve based on changing circumstances.
Before October 7, Hamas was considered to be an ongoing security concern that Israel had managed to contain. But the post-October 7 reality is very different. Hamas now represents an existential threat to not only the citizens living in the region near Gaza, but the entire country. And let’s not forget Hamas’ Iranian connection.
Since the threat level is so much greater, Israel is legally justified to operate with more force.
The New York Times really needs better military reviewers. Their recent piece comparing targeting processes in counter-terror operations not in war against post-October 7th declared war military operations shows a major lack of understanding of the law of armed conflict,… pic.twitter.com/TaN6zGYntE
— John Spencer (@SpencerGuard) December 26, 2024
Who’s Really Driving Up the Civilian Casualty Numbers?
It is rich that a piece that includes “civil protections” and “Hamas” in the headline omits the very many ways that Gaza’s long-time rulers have for years embedded themselves and their terrorist command and control centers within the coastal enclave’s civilian population structures – including hospitals, schools, and houses of worship.
Indeed, the weakening of civil protections in Gaza is in no small part the result of the terrorist group’s human shield strategy, which its leaders acknowledge is deliberately intended to lead to elevated civilian deaths, thereby ratcheting international pressure on Israel to agree to a ceasefire that would leave Hamas intact.
Moreover, there is ample evidence that Hamas fighters have posed as medical staff, and journalists, and fought in civilian clothes so as to inflate the civilian death count.
From a legal standpoint as it pertains to armed conflict, Hamas is in violation of the Rule of Distinction, which demands that belligerents and fighters at all times distinguish between civilians and civilian objects on one hand, and combatants and military objectives on the other hand, so as to protect persons not taking part in the conflict.
Evidently, The New York Times was too preoccupied with depicting Israel as seemingly going out of its way to endanger Gaza civilians to note that it is, in fact, Hamas that is in violation of international law.
“Eight Takeaways” implies – by showing how Israel has expanded its list of targets, removed limits on how many civilians can be put at risk each day, used a simplistic risk assessment model, and dropped large, less accurate bombs – that the IDF’s approach to urban warfare is somehow unique.
The New York Times, inadvertently, is absolutely correct. Israel is creating a new standard for urban warfare. And there is a growing body of data to support the claim that the country has developed a way to reduce civilian casualties to historically low levels.
The UN, EU, and other sources estimate that civilians usually account for 80 percent to 90 percent of casualties, or a 1:9 ratio, in modern war. In the 2016-2017 Battle of Mosul, a battle supervised by the U.S. that used the world’s most powerful airpower resources, some 10,000 civilians were killed compared to roughly 4,000 ISIS terrorists.
But with regards to Israel, and given Hamas’ likely inflation of the death count, the figure could be closer to 1 to 1.
The New York Times’ rather sophomoric attempt at legal analysis here is not the result of sloppy journalism. Rather, it is part of a pattern, whereby “findings,” such as those revealed in “Eight Takeaways: How Israel Weakened Civilian Protections When Bombing Hamas Fighters,” somehow dovetail with the talking points of Israel’s most vociferous detractors.
Gidon Ben-Zvi, former Jerusalem Correspondent for The Algemeiner, is an accomplished writer who left Hollywood for Jerusalem in 2009. He and his wife are raising their four children to speak fluent English – with an Israeli accent. Ben-Zvi’s work has appeared in The Jerusalem Post, The Times of Israel, The Algemeiner, American Thinker, The Jewish Journal, Israel Hayom, and United with Israel. Ben-Zvi blogs at Jerusalem State of Mind (jsmstateofmind.com). The author is a contributor to HonestReporting, a Jerusalem-based media watchdog with a focus on antisemitism and anti-Israel bias — where a version of this article first appeared.
The post Legally Blind: The New York Times’ Muddled View of Law of Armed Conflict first appeared on Algemeiner.com.
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Israel Blocks Ramallah Meeting with Arab Ministers, Israeli Official Says
A closed Israeli military gate stands near Ramallah in the West Bank, February 18, 2025. Photo: REUTERS/Ammar Awad
Israel will not allow a planned meeting in the Palestinian administrative capital of Ramallah, in the West Bank, to go ahead, an Israeli official said on Saturday, after Arab ministers planning to attend were stopped from coming.
The move, days after Prime Minister Benjamin Netanyahu’s right-wing government announced one of the largest expansions of settlements in the West Bank in years, underlined escalating tensions over the issue of international recognition of a future Palestinian state.
Saturday’s meeting comes ahead of an international conference, co-chaired by France and Saudi Arabia, that is due to be held in New York on June 17-20 to discuss the issue of Palestinian statehood, which Israel fiercely opposes.
The delegation of senior Arab officials due to visit Ramallah – including the Jordanian, Egyptian, Saudi Arabian and Bahraini foreign ministers – postponed the visit after “Israel’s obstruction of it,” Jordan’s foreign ministry said in a statement, adding that the block was “a clear breach of Israel’s obligations as an occupying force.”
The ministers required Israeli consent to travel to the West Bank from Jordan.
An Israeli official said the ministers intended to take part in “a provocative meeting” to discuss promoting the establishment of a Palestinian state.
“Such a state would undoubtedly become a terrorist state in the heart of the land of Israel,” the official said. “Israel will not cooperate with such moves aimed at harming it and its security.”
A Saudi source told Reuters that Saudi Arabia’s Foreign Minister Prince Faisal bin Farhan Al-Saud had delayed a planned trip to the West Bank.
Israel has come under increasing pressure from the United Nations and European countries which favour a two-state solution to the Israeli-Palestinian conflict, under which an independent Palestinian state would exist alongside Israel.
French President Emmanuel Macron said on Friday that recognizing a Palestinian state was not only a “moral duty but a political necessity.”
Palestinians want the West Bank territory, which was seized by Israel in the 1967 Middle East war, as the core of a future state along with Gaza and East Jerusalem.
But the area is now criss-crossed with settlements that have squeezed some 3 million Palestinians into pockets increasingly cut off from each other though a network of military checkpoints.
Defense Minister Israel Katz said the announcement this week of 22 new settlements in the West Bank was an “historic moment” for settlements and “a clear message to Macron.” He said recognition of a Palestinian state would be “thrown into the dustbin of history.”
The post Israel Blocks Ramallah Meeting with Arab Ministers, Israeli Official Says first appeared on Algemeiner.com.
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Gaza Aid Supplies Hit by Looting as Hamas Ceasefire Response Awaited
Palestinians carry aid supplies which they received from the U.S.-backed Gaza Humanitarian Foundation, in the central Gaza Strip, May 29, 2025. REUTERS/Ramadan Abed
Armed men hijacked dozens of aid trucks entering the Gaza Strip overnight and hundreds of desperate Palestinians joined in to take supplies, local aid groups said on Saturday as officials waited for Hamas to respond to the latest ceasefire proposals.
The incident was the latest in a series that has underscored the shaky security situation hampering the delivery of aid into Gaza, following the easing of a weeks-long Israeli blockade earlier this month.
US President Donald Trump said on Friday he believed a ceasefire agreement was close but Hamas has said it is still studying the latest proposals from his special Middle East envoy Steve Witkoff. The White House said on Thursday that Israel had agreed to the proposals.
The proposals would see a 60-day truce and the exchange of 28 of the 58 hostages still held in Gaza for more than 1,200 Palestinian prisoners and detainees, along with the entry of humanitarian aid into the enclave.
On Saturday, the Israeli military, which relaunched its air and ground campaign in March following a two-month truce, said it was continuing to hit targets in Gaza, including sniper posts and had killed what it said was the head of a Hamas weapons manufacturing site.
The campaign has cleared large areas along the boundaries of the Gaza Strip, squeezing the population of more than 2 million into an ever narrower section along the coast and around the southern city of Khan Younis.
Israel imposed a blockade on all supplies entering the enclave at the beginning of March in an effort to weaken Hamas and has found itself under increasing pressure from an international community shocked by the increasingly desperate humanitarian situation the blockade has created.
The United Nations said on Friday the situation in Gaza is the worst since the start of the war began 19 months ago, with the entire population facing the risk of famine despite a resumption of limited aid deliveries earlier this month.
Israel has been allowing a limited number of trucks from the World Food Program and other international groups to bring flour to bakeries in Gaza but deliveries have been hampered by repeated incidents of looting.
At the same time, a separate system, run by a US-backed group called the Gaza Humanitarian Foundation has been delivering meals and food packages at three designated distribution sites.
However, aid groups have refused to cooperate with the GHF, which they say is not neutral, and say the amount of aid allowed in falls far short of the needs of a population at risk of famine.
“The aid that’s being sent now makes a mockery of the mass tragedy unfolding under our watch,” Philippe Lazzarini, head of the main U.N. relief organization for Palestinians, said in a message on the social media platform X.
NO BREAD IN WEEKS
The World Food Program said it brought 77 trucks carrying flour into Gaza overnight and early on Saturday and all of them were stopped on the way, with food taken by hungry people.
“After nearly 80 days of a total blockade, communities are starving and they are no longer willing to watch food pass them by,” it said in a statement.
Amjad Al-Shawa, head of an umbrella group representing Palestinian aid groups, said the dire situation was being exploited by armed groups which were attacking some of the aid convoys.
He said hundreds more trucks were needed and accused Israel of a “systematic policy of starvation.”
Overnight on Saturday, he said trucks had been stopped by armed groups near Khan Younis as they were headed towards a World Food Programme warehouse in Deir Al-Balah in central Gaza and hundreds of desperate people had carried off supplies.
“We could understand that some are driven by hunger and starvation, some may not have eaten bread in several weeks, but we can’t understand armed looting, and it is not acceptable at all,” he said.
Israel says it is facilitating aid deliveries, pointing to its endorsement of the new GHF distribution centers and its consent for other aid trucks to enter Gaza.
Instead it accuses Hamas of stealing supplies intended for civilians and using them to entrench its hold on Gaza, which it had been running since 2007.
The post Gaza Aid Supplies Hit by Looting as Hamas Ceasefire Response Awaited first appeared on Algemeiner.com.
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Hamas Seeks Changes in US Gaza Proposal; Witkoff Calls Response ‘Unacceptable’
US President Donald Trump’s Middle East envoy-designate Steve Witkoff gives a speech at the inaugural parade inside Capital One Arena on the inauguration day of Trump’s second presidential term, in Washington, DC, Jan. 20, 2025. Photo: REUTERS/Carlos Barria
Hamas said on Saturday it was seeking amendments to a US-backed proposal for a temporary ceasefire with Israel in Gaza, but President Donald Trump’s envoy rejected the group’s response as “totally unacceptable.”
The Palestinian terrorist group said it was willing to release 10 living hostages and hand over the bodies of 18 dead in exchange for Palestinian prisoners in Israeli prisons. But Hamas reiterated demands for an end to the war and withdrawal of Israeli troops from Gaza, conditions Israel has rejected.
A Hamas official described the group’s response to the proposals from Trump’s special Middle East envoy Steve Witkoff as “positive” but said it was seeking some amendments. The official did not elaborate on the changes being sought by the group.
“This response aims to achieve a permanent ceasefire, a complete withdrawal from the Gaza Strip, and to ensure the flow of humanitarian aid to our people in the Strip,” Hamas said in a statement.
The proposals would see a 60-day truce and the exchange of 28 of the 58 hostages still held in Gaza for more than 1,200 Palestinian prisoners and detainees, along with the entry of humanitarian aid into the enclave.
A Palestinian official familiar with the talks told Reuters that among amendments Hamas is seeking is the release of the hostages in three phases over the 60-day truce and more aid distribution in different areas. Hamas also wants guarantees the deal will lead to a permanent ceasefire, the official said.
There was no immediate response from Israeli Prime Minister Benjamin Netanyahu’s office to the Hamas statement.
Israel has previously rejected Hamas’ conditions, instead demanding the complete disarmament of the group and its dismantling as a military and governing force, along with the return of all 58 remaining hostages.
Trump said on Friday he believed a ceasefire agreement was close after the latest proposals, and the White House said on Thursday that Israel had agreed to the terms.
Saying he had received Hamas’ response, Witkoff wrote in a posting on X: “It is totally unacceptable and only takes us backward. Hamas should accept the framework proposal we put forward as the basis for proximity talks, which we can begin immediately this coming week.”
On Saturday, the Israeli military said it had killed Mohammad Sinwar, Hamas’ Gaza chief on May 13, confirming what Netanyahu said earlier this week.
Sinwar, the younger brother of Yahya Sinwar, the group’s deceased leader and mastermind of the October 2023 attack on Israel, was the target of an Israeli strike on a hospital in southern Gaza. Hamas has neither confirmed nor denied his death.
The Israeli military, which relaunched its air and ground campaign in March following a two-month truce, said on Saturday it was continuing to hit targets in Gaza, including sniper posts and had killed what it said was the head of a Hamas weapons manufacturing site.
The campaign has cleared large areas along the boundaries of the Gaza Strip, squeezing the population of more than 2 million into an ever narrower section along the coast and around the southern city of Khan Younis.
Israel imposed a blockade on all supplies entering the enclave at the beginning of March in an effort to weaken Hamas and has found itself under increasing pressure from an international community shocked by the desperate humanitarian situation the blockade has created.
On Saturday, aid groups said dozens of World Food Program trucks carrying flour to Gaza bakeries had been hijacked by armed groups and subsequently looted by people desperate for food after weeks of mounting hunger.
“After nearly 80 days of a total blockade, communities are starving and they are no longer willing to watch food pass them by,” the WFP said in a statement.
‘A MOCKERY’
The incident was the latest in a series that has underscored the shaky security situation hampering the delivery of aid into Gaza, following the easing of a weeks-long Israeli blockade earlier this month.
The United Nations said on Friday the situation in Gaza is the worst since the start of the war 19 months ago, with the entire population facing the risk of famine despite a resumption of limited aid deliveries earlier this month.
“The aid that’s being sent now makes a mockery of the mass tragedy unfolding under our watch,” Philippe Lazzarini, head of the main U.N. relief organization for Palestinians, said in a message on X.
Israel has been allowing a limited number of trucks from the World Food Program and other international groups to bring flour to bakeries in Gaza but deliveries have been hampered by repeated incidents of looting.
A separate system, run by a US-backed group called the Gaza Humanitarian Foundation, has been delivering meals and food packages at three designated distribution sites.
However, aid groups have refused to cooperate with the GHF, which they say is not neutral, and say the amount of aid allowed in falls far short of the needs of a population at risk of famine.
Amjad Al-Shawa, head of an umbrella group representing Palestinian aid groups, said the dire situation was being exploited by armed groups which were attacking some of the aid convoys.
He said hundreds more trucks were needed and accused Israel of a “systematic policy of starvation.”
Israel denies operating a policy of starvation and says it is facilitating aid deliveries, pointing to its endorsement of the new GHF distribution centers and its consent for other aid trucks to enter Gaza.
Instead it accuses Hamas of stealing supplies intended for civilians and using them to entrench its hold on Gaza, which it had been running since 2007.
Hamas denies looting supplies and has executed a number of suspected looters.
The post Hamas Seeks Changes in US Gaza Proposal; Witkoff Calls Response ‘Unacceptable’ first appeared on Algemeiner.com.