even war has rules
Humans continue to resort to force to get what they want.
Humans continue to resort to force to get what they want. And the law of war has at its purpose to make war less awful: a set of rules that are sufficiently clear and simple that combatants will follow them.
I argue the first and most fundamental rule is the Principle of Distinction: parties to an armed conflict must distinguish at all times between combatants and civilians. Combatants may be targeted and attacked, while civilians must be spared and protected.
This principle serves as the foundation for many other rules and principles in IHL, such as proportionality and precaution, all aiming to minimize harm to non-combatants. The principle of distinction is codified in various international treaties, including the Geneva Conventions and their Additional Protocols. Violating this principle is generally considered a serious breach of international law and a war crime. In essence, the principle of distinction encapsulates the core aim of IHL: to mitigate the human suffering that arises from armed conflict.
this week
The slaughter of thousands of civilians.
who is Hamas
Hamas, short for "Harakat al-Muqawamah al-Islamiyyah" (Islamic Resistance Movement), is a Palestinian militant and political organization founded in 1987. It emerged during the First Intifada, a Palestinian uprising against Israeli rule. The group is rooted in Islamist principles and is considered an offshoot of the Muslim Brotherhood. It aims to establish an independent Palestinian state, including the West Bank, Gaza Strip, and East Jerusalem, and it does not recognize Israel's right to exist.
Hamas has a dual character as both a political party and an armed militia. It has its own military wing, the Izz ad-Din al-Qassam Brigades, responsible for various forms of armed resistance against Israel, including rocket attacks, bombings, and other militant activities.
In 2006, Hamas won a majority in the Palestinian legislative elections, complicating its role as it became a governing party. This led to a conflict with Fatah, the other major Palestinian political organization. The strife between the two groups culminated in the Battle of Gaza in 2007, after which Hamas took control of the Gaza Strip.
Since then, Hamas has been the de facto governing authority in Gaza, responsible for administering the territory's internal affairs. Its governance has been complicated by ongoing conflict with Israel, international sanctions, and a blockade enforced by both Egypt and Israel.
Hamas is designated as a terrorist organization by several countries, including the United States and the European Union, due to its commitment to armed resistance and acts that target civilians. However, it has enjoyed significant support among Palestinians and other groups who saw it as a legitimate resistance movement against Israeli occupation.
precautionary measures
As they prepare to invade, the Israeli military has urged civilians to flee northern Gaza, seeking to prevent civilian deaths. According to reports in the New York Times (14 Oct. 2023), “hundreds of thousands have heeded that call, but others — encouraged by Hamas — have remained in their homes.
The complexity of the invasion is heightened by the fact that Hamas is thought to be holding many of the Israeli hostages with them in their underground bunkers and tunnels.”
The warning to evacuate can be seen as a precautionary measure:
Warning Civilians: When circumstances permit, effective advance warning must be given of attacks that may affect the civilian population.
This principle can also mean delaying or suspending military operations if it becomes apparent that the attack may result in disproportionate civilian harm.
blockade
The prohibition against using starvation as a military tactic is a fundamental tenet of international humanitarian law. This ban safeguards the basic human right to food and sustenance, ensuring that civilians are not deliberately deprived of resources essential for survival. By targeting food supplies, agricultural areas, or other resources indispensable to civilians, parties to a conflict would be resorting to a method of warfare that intentionally magnifies human suffering, contravening both moral and legal norms.
This prohibition is codified in various international instruments, including Additional Protocol I to the Geneva Conventions. The ban on starvation aims to shield vulnerable populations from one of the most brutal forms of collective punishment, reinforcing the foundational human value of dignity for each individual, even in the dire circumstances of armed conflict.
impact
These principles help me to understand current events. They do nothing to assuage my grief.
Ray Dalio commented on Instagram, The two things about war that one can be most confident in are 1) that it won’t go as planned and 2) that it will be far worse than imagined.
I agree.
When I was prosecuting war crimes, I experienced numbness, fatigue, anger and a host of other impacts from sustained exposure to the worst of the worst. Secondary trauma is corrosive and eats away the vitality of people serving as law enforcement, aid workers, emergency helpers and first responders.
Today, setting a boundary like limiting news consumption still feels like abandonment - that if I turn away for a moment, I'm cutting off caring. It's natural to want to dive in 24/7, consuming every update. But that serves no one.
Boundaries are not about cutting off care or compassion. They are about sustaining capacity to keep caring in a healthy way.
feelings
Make time to intentionally process feelings triggered by events, through journaling, talking to others, creative expression, or professional support if needed. Avoid suppressing reactions. Keep the energy flowing.
Fold paper cranes
Draw a Zentangle
Sing a song
Recite a poem
Light a candle or two or 10
Write
Resources
The Antares Foundation (Amsterdam) works across all ranges and aspects of staff care and psychosocial support for humanitarian, developmental and human rights organizations worldwide. Find out more HERE
Energy Management - Tension & Trauma Release
Dr David Berceli taught me how to use my body’s natural release mechanism to restore my resilience and stop the overreactions caused by secondary trauma.
Free training is available on his YouTube channel