In a recent interview, Lt. Col. (Ret.) Pnina Sharvit-Baruch, the former head of the International Law Department in the Israel Defense Forces, shed light on how Israel conducts military operations while adhering to the laws of armed conflict. She emphasized that Israel is committed to upholding these laws, as they aim to protect civilian populations.
Sharvit-Baruch strongly condemned the actions of Hamas, characterizing them as war crimes, crimes against humanity, and possibly even acts amounting to genocide. She expressed deep concern over the horrors that have emerged from these actions.
Israel’s adherence to the laws of armed conflict is based on its status as a rule-of-law state. She clarified that these laws are designed to safeguard civilian populations and are not reliant on reciprocity. Israel recognizes the importance of international support but also acknowledges the adaptability of these laws to specific situations on the ground.
One of the key principles discussed was the distinction between civilians and military objectives. She emphasized that when a civilian structure serves a military purpose, it loses its civilian character and becomes a legitimate military target. Notably, Israel does not target purely civilian structures but focuses on the military infrastructure. She underscored that these actions align with international law.
The interview also explored the principle of proportionality, which assesses whether the collateral damage to civilians and civilian objects is excessive concerning the military advantage gained from an attack. While there is no precise measurement, Sharvit-Baruch highlighted that the existential threat posed by Hamas necessitates extensive military actions to dismantle its infrastructure.
She acknowledged that the world often sympathizes with the underprivileged, and it is essential for Israel to use practical means to minimize harm. Israel’s practice of “Roof Knocking” is an example of this approach, as it provides prior warnings to civilians in targeted areas, allowing them time to evacuate.
Sharvit-Baruch emphasized that there is no legal obligation for “Roof Knocking,” but Israel follows a moral and strategic obligation to minimize harm to civilians and avoid expanding the circle of conflict. She also noted that Hamas’s actions, preventing civilians from leaving the area, constitute a war crime. Israel has gone to great lengths to minimize harm, surpassing the standards observed in other countries due to strategic interests and feasibility.