International Law and Military Operations in Practice
Col. Richard Kemp -

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Former commander of British forces in Afghanistan Col. Richard Kemp told a
conference in Jerusalem on June 18, 2009:
Jerusalem Center for Public Affairs

The battlefield - in any kind of war - is a place of confusion and chaos, of
fast-moving action. In the type of conflict that the Israeli Defense Forces
recently fought in Gaza and in Lebanon, and Britain and America are still
fighting in Iraq and Afghanistan, these age-old confusions and complexities
are made one hundred times worse by the fighting policies and techniques of
the enemy.

Islamist fighting groups study the international laws of armed conflict
carefully and they understand it well. They know that a British or Israeli
commander and his men are bound by international law and the rules of
engagement that flow from it. They then do their utmost to exploit what they
view as one of their enemy's main weaknesses. Their very modus operandi is
built on the correct assumption that Western armies will normally abide by
the rules, while these insurgents employ a deliberate policy of operating
consistently outside international law.

Civilians and their property are routinely exploited by these groups, in
deliberate and flagrant violation of international laws or reasonable norms
of civilized behavior. Protected buildings, mosques, schools, and hospitals
are used as strongholds. Legal and proportional responses by a Western army
will be deliberately exploited and manipulated in order to produce
international outcry and condemnation.

Hamas' military capability was deliberately positioned behind the human
shield of the civilian population. They also ordered, forced when necessary,
men, women and children from their own population to stay put in places they
knew were about to be attacked by the IDF. Israel was fighting an enemy that
is deliberately trying to sacrifice their own people, deliberately trying to
lure you into killing their own innocent civilians.

And Hamas, like Hizbullah, is also highly expert at driving the media
agenda. They will always have people ready to give interviews condemning
Israeli forces for war crimes. They are adept at staging and distorting
incidents.

When possible the IDF gave at least four hours' notice to civilians to leave
areas targeted for attack. The IDF dropped over 900,000 leaflets warning the
population of impending attacks to allow them to leave designated areas. The
IDF phoned over 30,000 Palestinian households in Gaza, urging them in Arabic
to leave homes where Hamas might have stashed weapons or be preparing to
fight.

Many attack helicopter missions that could have taken out Hamas military
capability were cancelled if there was too great a risk of civilian
casualties in the area. During the conflict, the IDF allowed huge amounts of
humanitarian aid into Gaza, even though delivering aid virtually into your
enemy's hands is to the military tactician normally quite unthinkable.

By taking these actions the IDF did more to safeguard the rights of
civilians in a combat zone than any other army in the history of warfare.