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The Ethics of the Gaza War

(Jewish Review of Books) Asa Kasher - A state's right to defend itself when attacked is just as unquestionable as an individual's right to self-defense when attacked. This right is invoked on the level of international relations and is confirmed by Just War doctrine, international law, and the UN charter, not to speak of common-sense ethics. Thus, Israel has both the international right and the domestic duty to respond when Hamas attacks its citizens. No state has or should shoulder as much responsibility for the safety of enemy civilians as it does for its own people. Does the presence of large numbers of non-combatants in the vicinity of a building that is directly involved in terrorist assaults on Israelis render that building immune to Israeli attack? The answer must be, no. Israel cannot forfeit its ability to protect its citizens against attacks simply because terrorists hide behind non-combatants. If it did so, it would be giving up any right to self-defense. Moreover, most IDF combatants are conscripts. As citizens in military uniform, they are entitled to ask whether they are being placed in greater jeopardy to save the lives of enemy non-combatants who have been repeatedly warned to leave the scene of battle. Israel, like every state, has a primary duty to protect its own people's lives that is different than the responsibility it has to enemy non-combatants. The norms of proportionality make it incumbent upon a military commander to minimize collateral damage, but they do not prohibit all collateral damage. No war has ever been fought without collateral damage. The requirement of the Just War doctrine is that the opposing forces do their utmost to avoid it. Israel does so, while Hamas' strategy aims at the death of both Israeli and Palestinian non-combatants. The IDF approaches its legitimate task of self-defense with great restraint. It has been forced into a war with Hamas that is both strategically and morally asymmetric. This does not mean that it has acted perfectly in every case (no army ever has), but it does mean that the charges against it are grossly unfair. The writer is Professor Emeritus of Professional Ethics and Philosophy of Practice at Tel Aviv University. He led the writing of the first IDF code of ethics.
2014-09-08 00:00:00
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