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War between Hamas and Israel: lawyers advise the Israeli army
War between Hamas and Israel: lawyers advise the Israeli army – (France 2)
These legal specialists notably contribute to writing the leaflets ordering civilians in the Gaza Strip to evacuate. And play an important role in protecting the IDF from possible prosecution.
Behind every decision to shoot, enter a hospital or evacuate civilians, there are laws of war. The Israeli army, which has been intervening in the Gaza Strip for more than two months in retaliation for the Hamas attacks on October 7, is advised by jurists. They work in particular at the headquarters of the Israeli general staff in Tel Aviv. A former member of this unit explained their work to France 2.
If they do not validate each action on the ground, they participate in particular in writing the leaflets dropped above certain areas of the enclave by the Israeli air force, to instruct the civilians present to leave the place. “The wording can be very tenuous between a threat and a warning”explains Pnina Sharvit Baruch.
Videos to avoid prosecution in court
These lawyers also work to distinguish between protected civilian targets and military objectives. The Israeli army thus insisted on the presence of Hamas tunnels under the al-Chifa hospital to legitimize its intervention there. Videos were collected, at the request of jurists, to support the IDF’s defense against possible prosecutions before international courts.
They are also asked about the principle of proportionality that the army must respect. Damage to civilians caused by a strike must not be “excessive compared to the military advantage gained”, explains Pnina Sharvit Baruch. But this notion is vague and debated, and the military retains the last word. For French lawyer William Bourdon, a specialist in international criminal law, the role of IDF jurists is above all to“to give credence to the idea that these attacks against civilians would be carried out with moderation and restraint”.
