War Crimes in Gaza
Since the beginning of the war, I have been vocal about my belief that the Israeli Defense Force (IDF) is committing war crimes in Gaza. It is my understanding that denying access to water, food, and lifesaving medical care to non-combatant civilians is a war crime. Causing the death of thousands of innocent children, women, elderly, and others is a war crime. Many around the world, in Palestine, and in Israel have called what the IDF is doing in Gaza ethnic cleansing and even genocide. I have resisted these labels until now. I think the use of the word genocide in this context is meant to equate the acts of the Israeli government and the IDF with the worst acts against humanity committed by the Nazis during WWII and others since then. It is a triggering word causing most Jews to react emotionally in defense of acts by the Israeli government and IDF, which I think are indefensible. The debate becomes around the use of the word “genocide” causing us to disregard the moral issues or the fact that war crimes are being committed.
At the start of the war in Oct 2023, Israel announced the cancelation of its long-standing policy of dropping small warning explosives on the roofs of buildings it is about to bomb to give civilians time to get out of the building. Such warnings also alerted terrorists in the building allowing them to escape harm as well. While this policy was in place, prior to the war, it exemplified Israel’s commitment to protecting uninvolved civilians and gave credence to Israel’s claim of having a moral military. Though the cancelation of this policy in Oct 2023 was not necessarily a war crime, the death of tens of thousands of innocent civilians which followed, many of them children and even babies, was a war crime. Failing to take the steps necessary to minimize civilian deaths in war is a war crime.
As horrific and as immoral as the unnecessary deaths of tens of thousands of civilians in Gaza is, it does not in itself, threaten the existence of the Palestinian people in Gaza. I do not believe that the Israeli government’s intent is to wipe out the Palestinian population in Gaza but may intend to make the situation so dangerous and so unbearable for the people in Gaza that they will feel they have no other choice but to leave.
Article 49 of the IV GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949 says that it is OK to remove a civilian population from their homes during war, to protect them from harm, but attempting to remove them from their homes/land permanently is a war crime. It is difficult to understand what the intention has been in forcing hundreds of thousands of Palestinians to leave their homes in Northern Gaza to become displaced in the south. While it makes sense from a military point of view that civilians need to be removed from areas still controlled by Hamas to enable the IDF to use their full military force against Hamas, statements made by some members of the Israeli government place in doubt such benevolence. Declaring their intent to establish Jewish settlements in northern Gaza in place of displaced population, sounds more like ethnic cleansing. Minister of Defense, Yisrael Katz has also declared that his intention is to fulfill Trump’s vision (which I think Trump has since dropped) of transferring the population out of Gaza by first concentrating 2 million people into 18% of Gaza and then enabling “voluntary” migration. The Israeli Ministry of Foreign Affairs has recently set up a “Department for Voluntary Migration”.
If the definition of genocide is intent to destroy in whole or in part a national, ethnic, racial, or religious group, in a certain area, then I believe Katz’s plan fits that definition. The current stalemate in the negotiations leaves the situation uncertain. If the negotiations are renewed and progress is made towards a ceasefire and a return of at least some of the hostages, the threat of an Israeli occupation of Gaza may be removed. If on the other hand, the negotiations collapse, and the Israeli government decides to occupy Gaza, the possibility that Israel will attempt to transfer the population to various countries like Libya and Sudan, may become a frightening reality.
To be clear, I do not take accusations of war crimes lightly. I believe there will be consequences after the war, not just for Netanyahu, Galant, and Katz, but for other politicians, and possibly for many who served in this war. I worry about the children of my friends being arrested abroad. I fear for the welfare of Palestinians in Gaza. I pray for the return of the hostages, and the safety of our soldiers. And I also worry about the future of our Jewish souls.
