This video investigates Israel's military operations in Gaza through the lens of international law, specifically examining the principle of proportionality. It details the extensive destruction, high civilian casualties, and severe humanitarian crisis, including accusations of using starvation as a weapon of war and widespread damage to infrastructure.
While Israel asserts its right to self-defense and adherence to international law, citing Hamas's use of civilian areas, a significant majority of international law experts consulted by BBC Verify conclude that Israel's actions, especially its overall military response, have been disproportionate. The analysis delves into the two legal interpretations of proportionality (overall military response versus individual actions) and explores contested aspects of Israel's right to self-defense, such as Gaza's status as occupied territory and the application of self-defense against non-state actors, alongside examining the evolving stated goals of Israel's campaign.
Understanding Proportionality in the Israel-Gaza Conflict
0:06 Scale of Operation and Stated Goals: Israel's military operation in Gaza has resulted in thousands of destroyed buildings, tens of thousands of deaths, and severe food restrictions. Prime Minister Netanyahu states the objectives are to destroy Hamas and free hostages, emphasizing Israel's unwavering commitment to international law.
0:31 International Scrutiny: Israel's actions are under intense scrutiny, with leading human rights organizations and some countries accusing it of ethnic cleansing and acts of genocide, which Israel denies. The UN has repeatedly condemned Israel's conduct, with one official stating it's "remotely legal."
1:04 Principle of Proportionality: A core concept in international law, proportionality dictates that the effects of warfare must not be disproportionate to the military advantage sought.
1:18 Experts Deem Actions Disproportionate: BBC Verify's interviews with international law experts reveal a broad consensus that Israel's actions, both in the overall war and in recent months, have not been proportionate.
1:56 Context: Hamas's October 7th Attack: The conflict escalated following Hamas's October 7th, 2023, attacks, which killed approximately 1,200 people and took 251 hostages, condemned by the UN as war crimes. Israel asserts an inherent right to self-defense.
3:14 Two Interpretations of Proportionality: International law applies proportionality in two distinct ways: (1) the overall military response in self-defense must be proportionate to the initial threat, ceasing if no longer necessary, and (2) individual military actions (e.g., an air strike) must ensure expected civilian harm is proportionate to the expected military advantage. Intentionally harming civilians is always unlawful.
5:29 Civilian Casualties and Data Discrepancies: Gaza's Hamas-run Ministry of Health reports over 60,000 deaths, with nearly half being women and children, figures which Israel disputes but the UN uses as the most reliable available. Israel claims efforts to mitigate civilian harm but attributes casualties to Hamas operating within civilian areas.
7:50 Expert Disagreement on Civilian Deaths: While some (like Professor Nicholas Rostow) acknowledge Hamas's tactics increase civilian risk, others (including Professor Asakasher, author of IDF's ethics code, and Professor Yianina Dill) argue the high number of non-combatant deaths makes Israel's actions appear disproportionate.
8:52 Accusations of Starvation as a Weapon: Israel's restriction of aid, including a total blockade, has led senior UN officials and other experts to accuse Israel of using "food as a weapon of war," a crime under international law. A UN-backed monitor reports famine conditions affecting a quarter of Palestinians in Gaza, though Israel denies these assessments.
12:19 Extensive Infrastructure Destruction: UN estimates show up to 42% of Gaza's buildings destroyed and 37% damaged. Experts like Professor Emily Crawford state that the "complete destruction of infrastructure necessary for the survival of the civilian population is clearly disproportionate."
13:41 Questionable Military Objectives: Experts, including former UK Supreme Court Justice Lord Sumption, suggest that Israel's goal of "complete defeat" of Hamas is likely unachievable without "grossly disproportionate effect on human life," and question if Israel's evolving goals extend beyond legitimate self-defense.
16:18 Lack of Transparency on Individual Strikes: Regarding specific military actions, Sir Jeffrey Nice (former UN prosecutor) finds the number of innocent Palestinians killed in targeted strikes "very hard to justify." Israel's refusal to provide details on individual strike decisions makes independent assessment of proportionality difficult.
19:01 Contested Right to Self-Defense: Israel's claim to self-defense is challenged by some experts, citing a 2004 ICJ advisory opinion that an occupying power cannot invoke self-defense against the occupied population (as Gaza is still considered occupied by the UN). The application of self-defense against non-state actors is also debated among legal scholars.
22:32 Broad Consensus on Disproportionate Exercise of Force: Even among those who acknowledge Israel's initial right to self-defense, a strong majority of experts conclude that the exercise of this right has been disproportionate, with some outright stating that Israel is committing war crimes and crimes against humanity by breaching proportionality daily.
25:19 Long-Term Accountability: While international justice is slow, institutions like the International Court of Justice will eventually draw definitive conclusions regarding compliance with international law. The overwhelming expert opinion is that Israel's actions, particularly its overall operation, have been disproportionate.