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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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New Orleans Attack Puts Spotlight on Islamic State Comeback Bid
A member of the Emergency Response Division holds an Islamic State militants flag in the Old City of Mosul, Iraq July 10, 2017. Photo: REUTERS/Thaier Al-Sudani/File Photo.
A US Army veteran who flew a black Islamic State flag on a truck that he rammed into New Year’s revelers in New Orleans shows how the extremist group still retains the ability to inspire violence despite suffering years of losses to a US-led military coalition.
At the height of its power from 2014-2017, the Islamic State “caliphate” imposed death and torture on communities in vast swathes of Iraq and Syria and enjoyed franchises across the Middle East.
Its then-leader Abu Bakr al-Baghdadi, killed in 2019 by US special forces in northwestern Syria, rose from obscurity to lead the ultra-hardline group and declare himself “caliph” of all Muslims.
The caliphate collapsed in 2017 in Iraq, where it once had a base just a 30-minute drive from Baghdad, and in Syria in 2019, after a sustained military campaign by a US-led coalition.
Islamic State responded by scattering in autonomous cells, its leadership is clandestine and its overall size is hard to quantify. The U.N. estimates it at 10,000 in its heartlands.
The US-led coalition, including some 4,000 US troops in Syria and Iraq, has continued hammering the militants with airstrikes and raids that the US military says have seen hundreds of fighters and leaders killed and captured.
Yet Islamic State has managed some major operations while striving to rebuild and it continues to inspire lone wolf attacks such as the one in New Orleans which killed 14 people.
Those assaults include one by gunmen on a Russian music hall in March 2024 that killed at least 143 people, and two explosions targeting an official ceremony in the Iranian city of Kerman in January 2024 that killed nearly 100.
Despite the counterterrorism pressure, ISIS has regrouped, “repaired its media operations, and restarted external plotting,” Acting US Director for the National Counterterrorism Center Brett Holmgren warned in October.
Geopolitical factors have aided Islamic State. Israel’s war against Hamas in Gaza has caused widespread anger that jihadists use for recruitment. The risks to Syrian Kurds who are holding thousands of Islamic State prisoners could also create an opening for the group.
Islamic State has not claimed responsibility for the New Orleans attack or praised it on its social media sites, although its supporters have, US law enforcement agencies said.
A senior US defense official, speaking on condition of anonymity, said there had been growing concern about Islamic State increasing its recruiting efforts and resurging in Syria.
Those worries were heightened after the fall in December of Syrian President Bashar al-Assad and the potential for the militant group to fill the vacuum.
‘MOMENTS OF PROMISE’
US Secretary of State Antony Blinken has warned that Islamic State will try to use this period of uncertainty to re-establish capabilities in Syria, but said the United States is determined not to let that happen.
“History shows how quickly moments of promise can descend into conflict and violence,” he said.
A U.N. team that monitors Islamic State activities reported to the U.N. Security Council in July a “risk of resurgence” of the group in the Middle East and increased concerns about the ability of its Afghanistan-based affiliate, ISIS-Khorasan (ISIS-K), to mount attacks outside the country.
European governments viewed ISIS-K as “the greatest external terrorist threat to Europe,” it said.
“In addition to the executed attacks, the number of plots disrupted or being tracked through the Islamic Republic of Iran, the Levant, Asia, Europe, and potentially as far as North America is striking,” the team said.
Jim Jeffrey, former US ambassador to Iraq and Turkey, and Special Envoy to the Global Coalition To Defeat Islamic State, said the group has long sought to motivate lone wolf attacks like the one in New Orleans.
Its threat, however, remains efforts by ISIS-K to launch major mass casualty attacks like those seen in Moscow and Iran, and in Europe in 2015 and 2016, he said.
ISIS also has continued to focus on Africa.
This week, it said 12 Islamic State militants using booby-trapped vehicles attacked a military base on Tuesday in Somalia’s northeastern region of Puntland, killing around 22 soldiers and wounding dozens more.
It called the assault “the blow of the year. A complex attack that is first of its kind.”
Security analysts say Islamic State in Somalia has grown in strength because of an influx of foreign fighters and more revenue from extorting local businesses, becoming the group’s “nerve centre” in Africa.
‘PATH TO RADICALIZATION’
Shamsud-Din Jabbar, a 42-year-old Texas native and US Army veteran who once served in Afghanistan, acted alone in the New Orleans attack, the FBI said on Thursday.
Jabbar appeared to have made recordings in which he condemned music, drugs and alcohol, restrictions that echo Islamic State’s playbook.
Investigators were looking into Jabbar’s “path to radicalization,” uncertain how he transformed from military veteran, real-estate agent and one-time employee of the major tax and consulting firm Deloitte into someone who was “100 percent inspired by ISIS,” an acronym for Islamic State.
US intelligence and homeland security officials in recent months have warned local law enforcement about the potential for foreign extremist groups, such as ISIS, to target large public gatherings, specifically with vehicle-ramming attacks, according to intelligence bulletins reviewed by Reuters.
US Central Command said in a public statement in June that Islamic State was attempting to “reconstitute following several years of decreased capability.”
CENTCOM said it based its assessment on Islamic State claims of mounting 153 attacks in Iraq and Syria in the first half of 2024, a rate which would put the group “on pace to more than double the number of attacks” claimed the year before.
H.A. Hellyer, an expert in Middle East studies and senior associate fellow at the Royal United Services Institute for Defense and Security Studies, said it was unlikely Islamic State would gain considerable territory again.
He said ISIS and other non-state actors continue to pose a danger, but more due to their ability to unleash “random acts of violence” than by being a territorial entity.
“Not in Syria or Iraq, but there are other places in Africa that a limited amount of territorial control might be possible for a time,” Hellyer said, “but I don’t see that as likely, not as the precursor to a serious comeback.”
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US Plans $8 Billion Arms Sale to Israel, US Official Says
US President Joe Biden speaks on the phone with Israeli Prime Minister Benjamin Netanyahu in this White House handout image taken in the Oval Office in Washington, US, April 4, 2024. Photo: The White House/Handout via REUTERS
The administration of President Joe Biden has notified Congress of a proposed $8 billion arms sale to Israel, a US official said on Friday, with Washington maintaining support for its ally.
The deal would need approval from the House of Representatives and Senate committees and includes munitions for fighter jets and attack helicopters as well as artillery shells, Axios reported earlier. The package also includes small-diameter bombs and warheads, according to Axios.
The State Department did not respond to a request for comment.
Protesters have for months demanded an arms embargo against Israel, but US policy has largely remained unchanged. In August, the United States approved the sale of $20 billion in fighter jets and other military equipment to Israel.
The Biden administration says it is helping its ally defend against Iran-backed terrorist groups like Hamas in Gaza, Hezbollah in Lebanon and the Houthis in Yemen.
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Hamas Releases Proof-of-Life Video of Israeli Hostage Liri Albag
Illustrative. An undated picture of (from left) Liri Albag, Agam Berger, Daniella Gilboa, and Karina Ariev held hostage by Hamas in Gaza since Oct. 7, 2023, that was made public by their families on July 16, 2024. Photo: Hostages and Missing Families Forum
i24 News – The Palestinian terrorists of Hamas on Saturday released a video showing signs of life from Israeli hostage Liri Albag.
Albag’s family requested media not to share the video or images from it, asking journalists to respect their privacy at this moment.
Albag, 20, is a surveillance soldier stationed at the Nahal Oz base, was abducted on October 7 by Palestinian jihadists.
The post Hamas Releases Proof-of-Life Video of Israeli Hostage Liri Albag first appeared on Algemeiner.com.