Call Me Back - with Dan Senor
The Laws of War — with Matt Waxman
Oct 20, 2023
Matt Waxman, Professor of Law at Columbia Law School, discusses the laws of war, proportionality in Israel's response, and the complexities of urban warfare in the ongoing conflict with Hamas. He highlights the challenges of distinguishing between military and civilian targets, the higher standards imposed on Israel, and the need to educate society on the actual meaning of the law to counter violators like Hamas.
56:18
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Quick takeaways
- Israel is held to a higher standard in terms of legal scrutiny and public opinion due to the challenges posed by urban combat and Hamas's tactics.
- Education and awareness about the law of armed conflict can help address misperceptions surrounding Israel's actions and the exploitation of international law by non-state actors like Hamas.
Deep dives
Overview of the laws of war
The laws of war, also known as international humanitarian law, balance military necessity and humanitarian values. The principle of distinction requires military forces to target only military personnel and military targets, not civilians or civilian property. The principle of proportionality states that anticipated civilian harm from military operations must not be excessive compared to the expected military gain. Israel is expected to comply with these principles despite the challenges posed by urban combat and Hamas's tactics of embedding itself in densely populated areas and using human shields. Israel is also held to a higher standard in the international community, which intensifies the scrutiny of its actions.
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