- Moderator
- #1,121
That is a lot!Oh. Admittedly, that went better than I expected it to. Let's go over this part, then, with the caveat that while I am sufficiently knowledgeable on the conflict in general, and while I'm well-read, specifically, on legal and historical documentation, I am not a military expert. If anyone here wanted to jump in with that piece, that would be welcomed.
Here is a list of specifics action items. Let's see if we can agree on where the line is, legally, morally, or both:
- Hamas may not use indiscriminate weapons which fail to target a specific military objective.
- Hamas must ensure the distribution of humanitarian aide to its civilian population.
- Hamas must not acquire humanitarian aide meant for its civilian population to re-supply its war efforts.
- Hamas must not use humanitarian aide as a means of acquiring wealth to fund its war efforts.
- Hamas must not restrict the voluntary movement of its civilian population.
- Hamas must not place war materials (munitions, personnel, intelligence) in civilian or protected infrastructure.
- Hamas must not hold civilians hostage.
- Hamas must treat all prisoners of war humanely and provide the necessities of life.
- Hamas must not commit torture.
To simplify it, why include Hamas? Hamas is a terrorist organization with no more governmental legitimacy than ISIS. There is zero indication at this time that it will alter that given its actions towards the people it claims to be “fighting for” and the massacre it perpetrated on innocent Israeli civilians. It won’t honor any agreements. It has to be eradicated. If we replace Hamas with another governmental entity, then that would work better.
Gaza itself is also not a sovereign nation unlike Israel and Egypt.
- Egypt must allow the entry of humanitarian aide into Gaza.
- Egypt must permit foreign third-party nationals to traverse Egypt and return home.
Agree.
Why? If Egypt must do this, then why not Israel? Why is all the burden on Egypt? What if “until” becomes indefinite? Deja’s vous. That is a very real possibility given Israel’s current extremist government.
- Egypt must allow refugees to temporarily take up refuge in Egypt for the duration of the active conflict. Egypt must facilitate humanitarian aide and necessities of life to the refugees until they can return home.
Israel must not prevent their return to Gaza.
- Israel must not prevent the voluntary movement of Gaza's civilians, including their entry into Egypt, or exit by sea.
Reasonable. Add that Israel has an obligation to do all it can to minimize civilian casualties (this would apply to any nation at war).
- Israel must not target civilians.
- Israel must not target protected objectives or purely civilian infrastructure.
- Israel may target military objectives, even when it can be reasonably foreseen that civilians will suffer incidental harm.
- Israel may target military objectives embedded in civilian infrastructure, provided adequate warning is given to civilians to minimize incidental harm.
- Israel may target protected objectives if they are used for military purposes, provided adequate warning is given to civilians and adequate time between warning and attack to allow evacuation.
- Israel must ensure each operation which may cause incidental harm to civilians is proportionate to the achievement of the military objective.
- Israel must provide warning of impending targets and objectives. Israel must inform civilians and protected persons of safe corridors of egress and safe zones of refuge. Israel must not target civilians accessing these safe zones. Israel may target military objectives adjacent to these safe zones, even when it can reasonably be foreseen that civilians will suffer incidental harm.
- The presence of civilians or protected persons does not obligate Israel to refrain from obtaining its military objectives, providing the principles of proportionality and warning are observed.
Israel also must allow the entry of humanitarian aid.
Agree
- Israel is not obligated to provide Gaza with materials, goods, or services, or necessities of life.
- Israel must not prevent access to necessities of life.
- Israel is obligated to prevent, to the extent possible in keeping with other principles, access to materials, personnel, and intelligence, which contribute to continued war efforts perpetrated by the government of Gaza, terrorist organizations, jihadis, and others which endanger the citizens of Israel.
- Israel must not deliberately create conditions intended to starve the civilian population.
Disagree with the “after the resolution etc” part. That has become a way of indefinitely or permanently exiling a population and/or replacing it.
- Israel may not prevent the return of temporary refugees to usual places of residence after the resolution of the conflict through peace treaties and other agreements.
I have to think about this some more as well as enforcement…There is probably more that I've missed. Please feel free to add as necessary. We probably agree on many of these, if not most. Did you want to take a few that you either entirely disagree with and discuss? Or did you want to re-word some?
The other big question that comes to mind is how to enforce violations. But that might have to have its own space.
Your play.