On October 7th 2023 (7/11/23) the Muslim Brotherhood's Islamic Resistance Movement (HAMAS) launched an attack on Israel. This saw Hamas temporarily seize control of some 480km² (260miles²) of Israeli territory along the border with the Gaza Strip.
Within the area under its control Hamas set about systematically taking a large number of hostages, both civilian and military. Something which prime facie (at first sight) appears to be the Crimes Against Humanity of; "Imprisonment," "Enforced Disappearance" and; "Other Inhumane Acts[...] Causing Serious Injury to Body or to Mental or Physical Health." Contrary to Article 7.1(e),(i),(k) of the Rome Statute (1998).
Hamas also set about killing every person they could find within that area that they did not want to take hostage. Something which prime facie represents the further Crime Against Humanity of; "Murder." Contrary to Article 7.1(a) of the Rome Statute (1998).
Although not all of those Hamas killed were Jews the vast majority of them were. Making a strong prime facie case that Hamas had also committed the Crime Against Humanity of; "Extermination", commonly referred to as; "Genocide" with the purpose of persecuting a Ethnic/Religious Group. Contrary to Article 7.1(b),(h) of the Rome Statute (1998).
The accusation that Hamas has committed Crimes Against Humanity is further strengthened by the manner in which it carried out its killings. Which not only seemed to show an understanding of the religious beliefs of the group they were targeting but also a desire to use those religious beliefs to inflict the maximum suffering.
Although I think it is a fundamental human truth, shared between all cultures and religions. The sanctity of the human body is particularly important within Judaism. The Torah states that the human body is created B'tselem Elohim (in the image of God) and remains the property of God. Humans are merely given the right to occupy that body for the duration of their lives. They have no more right to damage or destroy it than a tenant has the right to smash up an apartment they are renting.
This sanctity of the human body even extends into death. If a body is less than whole it cannot be returned to God. Through a funeral as defined by Jewish religious law, Halach.
In killing victims they believed to be Jews Hamas paid special attention to making sure their bodies were damaged and destroyed to the greatest extent possible. In order to maximise the pain experienced by their survivors by trying to deny them even burial and mourning rites.
It is certainly one of the more bizarre arguments I've heard over recent weeks. Whether Hamas deliberately burned a Jewish baby alive by putting it in an oven and then switching the oven on. Or whether Hamas deliberately burned a Jewish baby alive by setting fire to the entire house around it.
It might just be my delicate leftwing sensibilities showing. However I don't think there's a right way to deliberately burn any baby alive.
A great many of the bodies of those killed by Hamas were not just beheaded they were completely dismembered, cut up into multiple small pieces. Those small pieces were then burnt in an effort to cremate them. Something which is also forbidden under Halach.
As a result it has been very difficult to tell what is a body part. Let alone how many bodies those parts add up to. The gruesome work of recovering, tallying and identifying those killed is not so much being done by the Israeli police but Archaeologists from the Israeli Antiquities Board.
Due to the sheer complexity of the task Israel has not yet been able to give a final death toll nor a final total of those kidnapped. What they thought were the remains of many different bodies have turned out to be the remains of just one body. While what they didn't think were human body parts have turned out to be the remains of people they thought had been kidnapped.
One such example is Vivian Silver who was a Director of the legendary Israeli Human Rights charity B'Tselem. Whose name was specifically chosen to remind more religious, extremist, Israeli Jews that all of mankind is created in the image of God. Even Palestinian Muslims living on the Israeli Occupied West Bank.
With no evidence of a body or any contact from her Vivian Silver was considered missing, presumed kidnapped. However on November 14th (14/11/23) it was confirmed that remains found in her burned out home in Kibbutz Be'eri belonged to her. Confirming that she had been killed on October 7th.
Likewise on November 19th (19/11/23) the remains of the 12 year old Liel Hetzroni had also been found at Kibbutz Be'eri. The delay in identifying them being due to them being dismembered and burned. Then mixed in with the dismembered and burned remains of Liel's twin brother Yanai Hetzroni, her aunt, Ayala Hetzroni and grandfather Avia Hetzroni.
On September 11th 2001 (11/9/01) the US suffered one of the worst, if not the worst, terrorist attacks in history. Over 23 years later, to this day, I still don't think the US is able to provide a final, comprehensive death toll. It certainly hasn't been able to identify all of those killed.
Almost immediately as Hamas launched its attack the Israeli Defence Forces (IDF) launched a counter-offensive. This included ground operations within Israel and airstrikes within the Gaza Strip.
With the Israel-Palestine Conflict there is a concept known as; "The War Between The Wars." Everyone involved knows that there is going to be another round of fighting. So they use the time between rounds of fighting to prepare for the next round of fighting.
Particularly for the IDF this means the maintenance of what's known as a; "Target Bank." A detailed intelligence picture of enemy military assets and what they do. Which ones will have to be destroyed and when in order to achieve particular military objectives.
The initial airstrikes that the IDF carried out in Gaza were what's known as; "Suppressive Fire." They destroyed Hamas military assets within the target bank. In order to prevent those military assets being able to join Hamas' war against Israel. A particular focus was on Hamas' Nahkba Commando force which led the ground attack into Israel. Over 1,000 members of the Nahkba force were killed in the first week of IDF airstrikes.
The IDF also paid particular attention to killing senior commanders who were part of Hamas' Command & Control system. In order to stop that Command & Control system from functioning in its efforts to continue its attack against Israel.
So this image of the IDF going on some sort of revenge fuelled rampage could not be further from the truth. They've been conducting a highly professional military operation against well researched targets in order to achieve clear military objectives.
By the early hours of October 10th (10/10/23), after a little over three days, the IDF had been able to completely expel Hamas from Israeli territory. From then onwards the IDF's airstrikes in Gaza began to evolve. From suppressing the enemy to shaping the battlefield. While the IDF continued to carry out strategic strikes against Hamas' Command & Control systems and military resources it began to focus much more on tactical targets. Individual fighting positions like bunkers, tunnels and, particularly, rocket launching sites.
Hamas has long focused the bulk of its operations in North Gaza. Its Parliament, the official seat of its government is located in Gaza City. The most northerly city in Gaza. Primarily this is because Hamas' main purpose is to attack Israel and kill Israelis. North Gaza is closer to central Israel, important cities like Jerusalem and the capital Tel Aviv. It is much easier to Hamas to deliberately fire rocket artillery at civilians in those cities from North Gaza than from South Gaza.
Being well aware of this the IDF knew that the bulk of its airstrikes were going to have to be directed against North Gaza. As that is where the bulk of Hamas' Command & Control systems and fighting positions are.
So as early as October 13th (13/10/23), just six days into the war they'd had imposed on them, the IDF started instructing civilians to evacuate North Gaza for their own safety. Using a variety of means including telephone calls, Direct Messages on Social Media and, the more traditional, airdropped leaflets.
Unfortunately Atrocity Propaganda has long been a central part of Hamas' military strategy, really since its formation in 1987. It deeply embeds its military forces into the civilian population. In order to make its military forces indistinguishable from the civilian population. The War Crime of; "Perfidy." Contrary to Article 23 of the Hague Convention (1907).
Hamas' widespread Atrocity Propaganda has been likened to the use of Human Shields. Itself a War Crime, contrary to Article 8.2(b)(xxiii) of the Rome Statute (1998). However it goes far beyond and is far more horrific than that.
I think most of us have a vague concept of what a Human Shield is. We've all seen it in some TV show or other. The baddie is cornered by the goodies who have got their guns draw. So the baddie grabs a hostage and holds them in the way of the goodies' guns. Knowing that the goodies won't risk hurting the hostage to kill the baddie.
Hamas's objective is not to use Palestinian civilians to stop the IDF from attacking them. Hamas' objective is to force the IDF to kill as many Palestinian civilians as possible. To allow Hamas to scream; "Atrocity!" and demand that action is taken to punish Israel.
If Hamas can't get the IDF to kill enough Palestinian civilians then Hamas will simply lie about the number of Palestinian civilians being killed. If that doesn't work then Hamas will simply murder Palestinian civilians itself.
We were given a good example of Hamas' Atrocity Propaganda at work on October 17th (17/10/23). When a rocket fired by the Hamas allied Palestinian Islamic Jihad (PiJ) struck the al-Alhi Hospital. Hamas immediately claimed that this had been an Israeli airstrike and the over 850 civilians had been killed. Once it had been explained to Hamas that we had all seen the evidence and could all clearly see that it was a PiJ rocket the death toll suddenly fell to below 500. Still a massive overstatement of the actual death toll of around 15.
So Hamas responded to the IDF's instruction for civilians to evacuate the North of Gaza by instructing them to stay where they were. Dismissing the IDF's instructions as propaganda. Something which I'm sure all those Western media outlets who been slavishly repeating Hamas' statements must have seen and heard for themselves.
Hamas' attempts to keep civilians in the firing line however extended much further that simply telling them to ignore the IDF's instructions. Hamas forcibly stopped civilians from leaving the Combat Zone by threatening them with imprisonment and beatings. Administering beatings and stealing people's cars so they couldn't leave. On October 15th (15/10/23) Hamas even bombed a convoy carrying civilians leaving the Combat Zone. Obviously blaming it on an IDF airstrike.
A key event occurred on November 10th (10/11/23) when the Commander of Hamas' Naser Radwan Company, Ahmed Slam, was killed by an IDF airstrike. In the school at al-Buraq where he had established his command centre. Ahmed Slam was specifically tasked with keeping 1,000 Palestinian civilians prisoner at the al-Rantisi Hospital, where Hamas had a major military base. Ahmed Slam's killing finally allowed those 1,000 Palestinians to flee. Joining a total of around 200,000 Palestinian civilians to flee the combat zone as Hamas' control of the area collapsed.
As early as October 14th (14/10/23), seven days after the war that had been imposed upon it, the IDF began mounting ground operations within the Gaza. Initially these were small, reconnaisance raids, intended to assess the terrain and search for the hostage. The largest of these operations came on October 26th (26/10/23). It was accompanied by a raid by the IDF's elite naval Special Operations Forces (SOF) Shayetet 13 in South Gaza targeting Hamas' own naval SOF's. It did not turn about to be a battle of the elites.
The
IDF launched the main part of the ground element of its counter-offensive on
October 28th (28/10/23) with its troops entering on three axis; Beit Lahia in
the North-West, Beit Hanoun in the North-East and Juhar al-Din in the East. From that point onwards the IDF's airstrikes began to focus much more closely on providing; "Close Air Support" to its ground troops.
This Eastern, Juhar al-Din axis' task was to push West, splitting Gaza into two sections. North Gaza, the Combat Zone and South Gaza, the Non-Combat Zone. On October 30th (30/10/23) it reached the central Salah al-Din Road. On November 6th (6/11/23) it reached the coastal al-Rashid Road, completing its task and dividing Gaza into a Combat Zone and a Non-Combat Zone.
Having taken control of the Salah al-Din Road the IDF then opened a Humanitarian Corridor along it on November 5th (5/11/23). To allow civilians to flee from the Combat Zone into the Non-Combat Zone under a Daily Ceasefire operating between 13:00 and 16:00 (local). Unfortunately on that first day the IDF were not in full control of the area. This allowed Hamas to attack the Humanitarian Corridor with artillery and mortar fire. In a further effort to trap Palestinian civilians within the Combat Zone.
Fortunately by the following day, November 6th (6/11/23) the IDF had been better able to secure its control over the Salah al-Din Road. Allowing Palestinian civilians to use it without fear of attack by Hamas. That Humanitarian Corridor and the Daily Ceasefire has been in place ever since.
The North-West, Beit Lahia axis and the North-West Beit Hanoun axis advanced South clearing their way into Gaza City. On October 31st (31/10/23) they entered the Jabalia district of Gaza City.
The key series events occurred on November 9th (9/11/23) and November 10th (10/11/23). On November 9th (9/11/23) the IDF captured Hamas' so-called; "Outpost 17" in the Jabalia district. This triggered a collapse of Hamas forces in Jabilia. Giving the IDF control over the area city.
On November 10th (10/11/23) the IDF captured Hamas' so-called; "Badr Outpost" in the coastal Shati district of Gaza City. The loss of this large complex of fighting positions and bases triggered another significant collapse of Hamas forces. Giving the IDF control over that area of the city.
By November 13th (13/11/23) 10 of Hamas' 24 battalions in North Gaza Combat Zone had lost what is known as; "Combat Effectiveness."
You can almost think of any conventional military force as being divided into small teams. From as; "Fire Team" made up of 3 people. All the way up to a; "Division" made up of 12,000 people. Although different militaries use different sizes and structures. A Hamas Battalion is 1,200.
I think we all know that a football team is made up of 11 players. If a player misbehaves during a match they can be sent off. If five players from the same team get sent off then the 6 remaining players are no longer considered to be effective as a team. So have to forfeit the match by a score of 2-0.
It's similar concept with the teams military forces are divided into. If enough members of one of these teams is killed, wounded or captured then it is no longer effective in combat. It has lost its combat effectiveness. Although, obviously if you have lost half a Division of 12,000 then you still have a pretty effective Brigade of 6,000.
With Hamas all but defeated as a military force in the North Gaza Combat Zone. The IDF then set to work clearing and securing the more politically sensitive Hamas facilities in the Combat Zone.
Central to Hamas' strategy is Atrocity Propaganda. The War Crime of; "Perfidy." They deeply embed their military forces within the civilian population in order to maximise the number of Palestinian civilians killed. A significant part of this strategy is the 480km (300 mile) network of underground tunnels and bunkers Hamas has constructed beneath civilian buildings across Gaza. The so-called; "Gaza Metro."
It is a particularly nasty element of Hamas' Atrocity Propaganda that they have deliberately built many of the largest bunkers and main nodes of this tunnel network under not just civilian buildings but hospitals. Particularly the al-Rantisi Hospital and the al-Shifa Hospital, the largest hospital in Gaza.
In the summer of 2014 the IDF fought a small skirmish against Hamas in Gaza; "Operation: Protective Edge." This grew out of an IDF operation against Hamas in the Occupied Palestinian West Bank; "Operation: Brother's Keeper." What caused Brother's Keeper to expand into Protective Edge was an attempt by Hamas to use a tunnel from Gaza to kidnap and kill Israeli civilians at Kibbutz Sufa. Forcing the IDF to go in to destroy the parts of the Gaza Metro which reached into Israel.
It was very much the rhythm of Protective Edge. That Hamas would loudly condemn the; "Evil, Genocidal, Zionist IDF!" for attacking a Mosque or school. Then three hours later the IDF would show the World the tunnels and weapons they had recovered from that Mosque or school.
That Hamas had a large military installation at/under al-Shifa hospital was known about even then. Gaza's economy actually took a significant hit when Hamas started building it around 2012. At that time Gaza's economy was heavily reliant on goods smuggled via tunnels from Egypt. That business was shut down when Hamas forced all the tunnel builders to move North.
Hospitals have a special protected status under the Laws of War, Article 18 of the First Geneva Convention (1884). However that doesn't mean you can just call any building a hospital and stop your enemy from attacking it.
To have; "Protected Status" a hospital has to be registered as such with all parties to the conflict and the International Committee of the Red Cross/Crescent (ICRC). Only the ICRC can afford a hospital Protected Status. It can only do so if certain conditions are met. The main one being that it is not being used for; "Harmful Acts."
The First Geneva Convention doesn't actually define; "Harmful Acts." Leaving it entirely up to the attacking force to decide. However it is customarily understood to mean the presence of any combatants - those in military uniform, the presence of weapons or the use in support of any military activity - other than the provision of medical treatment.
Protocol I (1977) to the Geneva Conventions attempts to narrow the definition of Harmful Acts to exclude; "Small-Arms and Ammunition" which are incidental to the hospital's function. However neither Hamas nor Israel are party to that Protocol. So it does not apply here.
Even if an attacking force decides that a hospital no longer has Protected Status as it is being used for Harmful Acts they can't just attack it. Instead they have to notify all parties to the conflict and the ICRC that they no longer consider it as having Protected Status. They then have to allow time for it to be evacuated.
On October 27th (27/10/23) the IDF informed all parties to the conflict, the ICRC and the entire World that it no longer considered al-Shifa to have Protected Status. Publically sharing some of the evidence it had that Hamas was using al-Shifa for Harmful Acts. Things which go far beyond the definition in Protocol I (1977), let alone the much border customary definition of the First Geneva Convention.
Yet Hamas refused to evacuate al-Shifa. Instead forcing uninjured civilians to remain there. Not really in the hope that it would prevent their military complex being attacked. More in the hope that the maximum number of Palestinian civilians would be killed when Hamas' military complex was attacked.
Worse than that the ICRC and the World Health Organisation (WHO) also refused to evacuate al-Shifa. It would be nice to believe that was simply because they were too afraid of Hamas to evacuate the hospitals. Sadly though I think it's because those supposedly neutral bodies have to come to not only support Hamas but its Atrocity Propaganda.
What is considered "Ample Time" is not really defined in the Laws of War. However I think that it would be hard to argue that the three weeks, 21 days, the IDF left between revoking al-Shifa's Protected Status and launching its operation were not sufficient.
In launching its operation to clear and secure al-Shifa the IDF didn't bomb it from the air, as the Laws of War permit it to. Instead it began its attack by opening a Humanitarian Corridor on November 12th (12/11/23). To allow civilians to evacuate along al-Wadha Street to the Salah al-Din Humanitarian Corridor.
When the IDF finally moved in on al-Shifa they didn't really do so treating it as a military operation. Instead they treated is as a civilian policing operation. Using the approach any Western police S.W.A.T team would use if they had to clear a hospital that had been overrun by a group of gunmen. Slowly clearing the building room-by-room, floor-by-floor. Placing the safety of civilians, patients, medical staff and even the gunmen above the safety of their own forces.
You were able to tell that the IDF had been able to take control of al-Shifa by November 19th (19/11/23). The ICRC and the WHO realised that, after three weeks of claiming it was impossible, they were suddenly able to evacuate patients from al-Shifa after all. An event which coincided with the realisation that they couldn't claim they'd been martyred in an IDF Atrocity.
Just as you could tell that Hamas had all but collapsed as a military force within the North Gaza Combat Zone by November 12th (12/11/23). By the 200,000+ Palestinians who were suddenly able to evacuate to safety in the Non-Combat Zone.
There is still some intense close quarter fighting going on in the North Gaza Combat Zone and the IDF is still taking casualties. However this is really just a mopping up operation now. With the IDF attempting to fully secure an area over which they have operational control.
20:17 on 21/11/23 (UK date).
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