The Foreign Affairs Interview

Gaza and the Breakdown of International Law

May 16, 2024

The podcast delves into the breakdown of international law in the Israel-Hamas conflict, discussing war crimes and violations. It explores the challenges of protecting civilians in wartime and the blurred lines between civilians and combatants. The discussion also highlights the potential arrest warrants for war crimes and implications on global relations. Additionally, it examines the Biden administration's stance on international law compliance and the role of the United States in upholding global standards.

38:27

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Quick takeaways

The breakdown of international law in conflicts like Gaza highlights challenges in protecting civilians.

The blurring of lines between combatants and civilians in modern warfare complicates determining legitimate targets.

Deep dives

The Erosion of International Law and its Impact on Civilian Protection

The podcast discusses how the erosion of international law, especially the laws meant to protect civilians, has led to challenges in conflicts like the one in Gaza. It explores the historical context of international humanitarian law and the efforts made post-World War II to regulate war. The breakdown of clear distinctions between combatants and civilians is highlighted as a significant issue, impacting civilian protection in modern conflicts. The speaker emphasizes the need for the US to take a leadership role in upholding international law to prevent further erosion.

Introduction

4min

Effectiveness of International Law and Military Tactics

17min

Navigating the Blurred Lines Between Civilians and Combatants in Modern Warfare

5min

Analysis of Potential Arrest Warrants for War Crimes and Implications

4min

Biden Administration and International Law Compliance

5min

Upholding International Law and the Role of the United States

5min

There’s no question that Hamas violated international law when it attacked Israel on October 7, and as it continues to hold hostages in Gaza. But more than seven months into Israel’s response, the issue of whether Israel is violating international law—or even committing war crimes—is coming to a head. Washington is debating holding up deliveries of weapons to Israel. And the International Criminal Court is rumored to be preparing a case against leaders of both Hamas and the Israeli government.

What’s happening in Gaza may seem unprecedented. But as the legal scholar Oona Hathaway writes in Foreign Affairs, “The conflict in Gaza is an extreme example of the breakdown of the law of war, but it is not an isolated one.” Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale University School of Law and a nonresident scholar at the Carnegie Endowment for International Peace. In 2014–15, she took leave to serve as special counsel to the general counsel at the U.S. Department of Defense.

Foreign Affairs Deputy Editor Kate Brannen spoke with her on May 13 about the causes of that breakdown—and what, if anything, can be done to salvage the rules meant to protect civilians in wartime.

You can find transcripts and more episodes of The Foreign Affairs Interview at https://www.foreignaffairs.com/podcasts/foreign-affairs-interview.

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The Foreign Affairs Interview

Gaza and the Breakdown of International Law

Podcast summary created with Snipd AI

Quick takeaways

Deep dives

The Erosion of International Law and its Impact on Civilian Protection

Challenges of Defining 'Direct Participation in Hostilities' in Modern Warfare

Dual-Use Objects and Complications in Targeting Decisions

Implications of US Actions on International Law and Humanitarian Principles

Remember Everything You Learn from Podcasts