School of War
Ep 98: Matthew Waxman on the Israel, Hamas, and the Law of Armed Conflict
Nov 14, 2023
Matthew Waxman, Liviu Librescu Professor of Law at Columbia Law School, discusses the law of war, its importance, and its application in the conflict between Israel and Hamas. They explore topics such as military necessity vs humanitarian interest, bright line rules, reasonableness, sieges, weaponizing the law, perverse incentives, and the evolution of the law.
41:40
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Quick takeaways
- The laws of war aim to balance military necessity and humanitarian considerations, distinguishing between military targets and civilians, with compliance enforced through training, doctrine, and international pressure.
- The conflict between Israel and Hamas involves complex legal considerations, with Israel's right to self-defense requiring adherence to principles of distinction and proportionality, while Hamas' violations of these principles highlight the suffering of innocent civilians in Gaza.
Deep dives
The Importance and Challenges of the Laws of War
The laws of war have evolved over centuries and are based on a balance between military necessity and humanitarian considerations. The laws aim to differentiate between military targets and civilians, and to ensure that military actions are proportionate to the anticipated military gain while minimizing civilian harm. Compliance with the laws of war is primarily enforced through training and doctrine in armed forces, and international pressure and sanctions imposed on non-compliant states. However, the laws of war are not perfect, and their application requires judgment and can be influenced by shifting facts and context.
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