If anyone is distorting rules of engagement and humanitarian law, it’s actually Israel. Something that has come up again and again, especially in the writing of UN Special Rapporteur Francesca Albanese, is the concept of “humanitarian camouflage” and how the Israeli state has very deliberately misused terms of international humanitarian law to cynically redefine civilian people, structures, and infrastructure as military targets. I am going to quote from an article she co-authored (available here):
The article analyzes the components of this humanitarian camouflage, unveiling how it has been deployed by Israel as a legal-political strategy in the service of a war of total annihilation. We start by examining how, since October 7, Israel has justified its genocidal campaign in Gaza using two registers: on one hand, a brutal register of dehumanization of the Palestinian population of Gaza, construed as a terrorist population to be eliminated; on the other hand—and simultaneously—a liberal register to legitimize its eliminationist violence in the face of its international allies’ audience, disguising it as compliance with IHL.
We then expand the analysis of the second register, showing how the Israeli military, mimicking IHL language, has construed the entirety of the built-up areas of Gaza as a continuum of alleged military objectives, reclaiming the ‘right’ to ‘lawfully’ raze houses, schools, mosques, churches, hospitals, entire neighborhoods, and entire cities to the ground, including the infrastructures indispensable for the survival of the civilian population, rendering the living space of the victim group unlivable. Subsequently, we examine how lethal distortions of the IHL concept of proportionality and collateral damage have been functional in construing entire masses of civilians as killable surroundings of military objectives with a diminished, or non-existent, right to life.
The analysis continues by showing how an array of IHL concepts like safe zones, evacuations, human shields, and “hospital shields” have been mobilized by Israel as technologies of settler-colonial displacement and genocide, creating conditions of life leading to the destruction of Gaza’s Palestinians “in whole or in part.” The article concludes by arguing that the settler-colonial genocidal war against Gaza, and Israel’s marshalling of international humanitarian law to legitimize it, ultimately shows that the international order has reached a tipping point whereby political acquiescence towards Israel and its legitimization as an international law-abiding state eviscerates the key legal tools the international community has developed to prevent international crimes. If tolerated, condoned, and unpunished, this process may inaugurate a new era of mass atrocities against protected groups in the Global South, in which big powers will be able to portray genocides as ‘incidental’ and ‘proportionate’ means to achieve their war aims.
I highly recommend reading the three reports issued by the UN on these matters, “Genocide as colonial erasure” which focuses more on historical context, “Anatomy of a genocide” which covers more of the present patterns of conflict, and finally “More than a human can bear” which covers the widespread and systematic use of gendered and sexual violence inflicted on Palestinians.
If anyone is distorting rules of engagement and humanitarian law, it’s actually Israel. Something that has come up again and again, especially in the writing of UN Special Rapporteur Francesca Albanese, is the concept of “humanitarian camouflage” and how the Israeli state has very deliberately misused terms of international humanitarian law to cynically redefine civilian people, structures, and infrastructure as military targets. I am going to quote from an article she co-authored (available here):
I highly recommend reading the three reports issued by the UN on these matters, “Genocide as colonial erasure” which focuses more on historical context, “Anatomy of a genocide” which covers more of the present patterns of conflict, and finally “More than a human can bear” which covers the widespread and systematic use of gendered and sexual violence inflicted on Palestinians.