Digital Library
How Israel Can Respond Ethically to Hamas
Topic:
Israel & Regional Politics, Israel Literacy
Principal Investigators:
Rabbi Shlomo Brody
Study Date:
2023
Source:
Sapir
Key Findings:
The essay delves into the ethical considerations Israel faces in responding to Hamas, focusing on contemporary military ethics anchored in the principle of minimizing harm to noncombatants. This principle entails avoiding attacks on civilians and ensuring a clear distinction between combatants and noncombatants, a notion outlined in the 1977 Additional Protocol I (AP/1) to the Geneva Conventions. This discussion highlights the complexity of ethical decision-making in warfare and underscores the importance of upholding moral principles, even amid challenging and asymmetrical conflicts.
However, Hamas operates outside these ethical bounds, aiming to cause casualties and disregarding the established rules of warfare. Their tactics include using civilians as shields, targeting noncombatants, committing war crimes, and violating principles of military ethics.
The concept of reciprocity in adhering to the rules of warfare is explored, suggesting that for these rules to be effective, both parties must comply. Some argue for a tit-for-tat approach, citing historical instances where retaliation mirrored the offenses committed. Others, like Michael Walzer, oppose this, emphasizing the importance of maintaining moral standards even in the midst of conflict.
The author highlights variations in the acceptance of international laws among countries. France and Britain signed the AP/1 agreement, whilst the United States and Israel have refused due to concerns about limitations in responding to severe violations and the potential use of civilians as shields.
Despite the absence of reciprocity in conflicts, ethical and moral considerations remain paramount. Arguments based on personal virtue, national principles, and inherent human dignity stress the significance of avoiding the targeting of noncombatants, even when adversaries disregard these principles.
Whilst Israel must respond to threats, it should uphold ethical standards by considering personal virtues, national principles, and the inherent dignity of all individuals. Avoiding the targeting of noncombatants must be upheld at all costs, even in the face of adversaries who ignore these standards.
Methodology:
Several war ethics manuals are reviewed (the U.K.’s Manual of the Laws of Armed Conflict, the 1977 Additional Protocol I (AP/1) to the Geneva Conventions) in combination with Torah and Rabbinic principles. Leading Western countries’ previous wartime actions and their contexts are considered in the current context of the Israel-Hamas war.
