The IDF's Unlawful Attack on Al Jalaa Tower - 2 views
www.justsecurity.org/...awful-attack-on-al-jalaa-tower
law IR Palestine Israel israelpalestine Gaza Hamas war warcrimes analysis
shared by Ed Webb on 28 May 21
- Cached
-
On May 15, 2021, early in the afternoon, the Israeli Defense Forces (IDF) informed residents of the Al Jalaa tower that it planned to destroy their building. The building had 11 floors, around 60 residential apartments, and offices for doctors, lawyers, and journalists including Al Jazeera and the Associated Press. Residents grabbed what belongings they could carry and ran down the stairs. Children and the elderly took turns using the single working elevator. An hour later, the IDF levelled the building and crushed everything inside. The now-former residents joined more than 77,000 Gazans displaced from their homes amidst ongoing airstrikes and the COVID-19 pandemic.
-
Initially, the IDF claimed that the building “contained military assets belonging to the intelligence offices of the Hamas terror organization.” Later, the IDF tweeted that Hamas members took “items” out of the building before it was destroyed. The IDF said it was “willing to pay that price to not harm any civilians.” Officials who were involved in the decision reportedly now “completely regret” it. Hamas operatives simply moved their computers out, leaving only empty offices behind.
-
Given the sheer scale of destruction, suffering, and death, any starting point for legal analysis may seem arbitrary. But the IDF, a former IDF legal adviser, and one leading scholar publicly defended the legality of the airstrike on Al Jalaa tower. Their legal claims call for a response. The IDF also destroyed four other residential towers, and hundreds of other residential units across Gaza. Examining the attack on Al Jalaa tower may shed light on these other attacks as well.
- ...10 more annotations...
-
the tower was not a military objective (a “lawful target”) at the time of the airstrike. The expected harm to civilians and civilian objects was also excessive (or “disproportionate”) in relation to the military advantage anticipated from destroying any equipment Hamas may have left behind
-
International law prohibits attacks on civilian objects. Civilian objects are all objects which are not military objectives. Military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. According to the IDF and subsequent reports, Hamas members left with their equipment before the airstrike. They were not using the building or any part of it when it was destroyed. No one suggests that the tower made any effective contribution to military action by its nature or location.
-
If attacking forces are allowed to level any building their adversary might intend to use in the future, then the principle of distinction will lose much of its meaning and legal effect in urban warfare.
-
Based on IDF statements as well as video of the attack, it appears that the attack was directed at the building’s base, not at particular offices or their contents. Since the building was a civilian object at the time of the attack, it was unlawful to make the building as such the object of attack
-
The expected harm to civilians and civilian objects was excessive in relation to the concrete and direct military advantage anticipated. The IDF and its defenders do not argue otherwise. They do not deny that the destruction of dozens of civilian homes and offices would be excessive in relation to the destruction of whatever military equipment may have been left in the building. They argue that the civilian homes and offices were not civilian objects at all.
-
the IDF’s reported position that, if members of an armed group use any part of a civilian building for military activities, then the entire building—including all the civilian apartments inside—becomes a military objective. Since the proportionality rule only protects civilian objects, the IDF argues that expected damage to civilian apartments inside such a building carries no weight in determining the proportionality of an attack. This view is grotesque.
-
To my knowledge, no one thinks it is morally acceptable to destroy dozens of civilian apartments to obtain a minor or uncertain military advantage by destroying military equipment that the adversary has abandoned but may retrieve. The IDF may think it has found a loophole in the law. It hasn’t. But it is worth remembering that basic moral principles have no loopholes.
-
The IDF emphasized that it notified the civilian residents that it planned to attack. The IDF may have thought that the tower, or part of it, was a military objective at the time of the notification and therefore it must remain a military objective at the time of the attack. This inference is obviously invalid. Attacking forces do not acquire a legal right to carry out an attack at one moment in time, which they then retain even if circumstances change. The law of armed conflict applies at all times, but never more than at the moment an attack is carried out.