Israel’s Right to Self-defence Fraught with Numerous Challenges

 Even as the world is struggling to come to terms with the throes of the Ukraine conflict which continues unabated, another front that has opened up in the Middle East has compounded the uncertainty and global instability. While the Israel-Palestine dispute spanning for decades has many shades of grey, Hamas terror attacks against Israel is a straightforward case of “pure unadulterated evil” that has been unleashed on the world. Terrorism can have no justification in a civilised world.

By butchering close to 1300 people (including citizens of 42 countries) and 4000 being injured within the first 48 hours, Hamas has underscored its policy of genocide and elimination of Israel. Only Jews are targeted. They were slaughtered for what they were. Worse so, they even brazenly flaunted their immorality without disdain. In response to the mind-numbing savagery, Israel asserting its right to self-defense announced to go after Hamas in full force which included a ground attack on Gaza. Designated as a terrorist organisation, Hamas voted as the defacto ruler by Gazans in elections unrecognised by the Western government, cynically hides assets in civilian areas like hospitals, schools, ambulances and UN shelters.

In a classic case of a terrorist outfit acquiring a state to control, Hamas began operating from among the most densely populated regions in the world. Unveiling a new protocol for asymmetric warfare, Hamas has started using civilians as human shields. Shooting rockets from the shoulders of the civilians, for over a decade and a half, Hamas escaped Israel’s wrath. Hiding behind the civilian frontline, Hamas has forced Tel Aviv into a ceasefire on several instances.

Indeed, Israeli airstrikes targeted at Hamas headquartered in civilian spaces are now decried by countries accusing it of committing “war crimes”. Amid protests and clashes between pro-Israel and pro-Palestine camps across different places in the world, putting things into context, the PMO of Israel has issued a clarification.

Notably, this comes in the wake of Hamas chief Ismail Haniyeh’s letter to UN chief Antonio Guterres accusing Israel of committing war crimes, “barbaric siege”, including banning the entry of humanitarian aid and medical supplies. Stating, “Israel is at war with Hamas and not with the people of Palestine”, the PMO spokesperson also informed about the recovery of Hamas kidnapper's guide and the “gruesome methods” to be employed for the torture and abduction of civilians.

Though the world has been a little circumspect in calling out Hamas for the pogrom, the spokesperson of Hamas, Abu Obaida in a pre-recorded message called attacks a “jihad” whose goal is “either to win or get martyred”. These surprise attacks were borne out of two-year careful planning with far-fetching objectives involving the training of a large commando force to carry out the operations. To take on Fatah, Israel has propped up Hamas and even increased work permits for Gazans anticipating a reconciliation. But this strategy backfired badly as the Gazans who worked in Israel doubled up as overground workers of Hamas in providing crucial inputs about the geography and intricate details of infiltrated Israeli villages and towns.

Simultaneously, Hamas has changed its tack. Delegating the task of managing the resistance front to the smaller Palestine Islamic Jihad (PIJ) Hamas intensively studied the tactics and strategies of Israel. By lying low, Hamas conned Israel into complacency which is evident in the grave intelligence failure of Israeli agencies in anticipating spontaneous or a short-term attack. This humiliation of being caught unaware of such a massive attack notwithstanding its superior intelligence services and well-oiled defence machinery would weigh heavily on IDF (Israel Defence Forces).

Hamas attacks, an outcome of long-term planning had given them the advantage of strategically analysing the nature and intensity of retaliatory of Israel well in advance. IDF, on the other hand, has to face the enormous challenge of having to dismantle the deeply entrenched network of underground tunnels from which Hamas operates.

The problem is twofold- unlike the conventional war of taking the enemy on the frontlines, IDF has to deal with the fallouts of the significant collateral damage and an enemy with superior urban warfare capabilities. Tracking down the enemy in its own territory among the dark tunnels whose location can’t be detected by GPS is fraught with a lot of risks. IDF must be prepared for surprise attacks, bobby traps and direct combat in an unknown location where advanced technology would be rendered defunct. The honeycomb of tunnels is an operating ground for Hamas and until and unless they are destroyed, ceaseless rounds of rocket attacks on Israel will continue to recur.

To paralyse the urban warfare of Hamas, the IDF must be ready for a long haul which includes air strikes and ground attacks. Hamas strategic assets are securely sheltered in underground tunnels and bunkers. Israel’s move to wipe out Hamas will be incomplete without methodical demolition of the subterranean tunnel infrastructure- the veritable parallel world of Hamas. Any attempt to seal, demolish or flood the tunnel will leave a massive trail of destruction in the civilian areas.

Also, with a full-fledged attack on Gaza, Israel is going to get dragged into a quagmire similar to its close to two-decades long Lebanon campaign. Hamas has challenged Israel and shaken its invincibility. Now Israel is left with no other choice than to bite the bullet. Wiping out the terror network is now a priority to have a semblance of peace.

Since the Hamas terror attacks, Israel has intensified air raids to neutralise Hamas leadership. The collateral damage inflicted on the civilians during these attacks is now eliciting huge backlash from several countries and international agencies. Hamas attacks have been laced with geopolitical considerations. This is now coming to the fore with countries rallying to build pressure on Israel by drawing a reprehensible moral equivalence between Hamas terror attacks and retaliatory counter-air strikes. Russia moved a resolution at the UNSC backed by Gabon, China, UAE and Mozambique calling for a humanitarian ceasefire in Gaza. Iran is mobilising the OIC (Organisation of Islamic Cooperation) to impose oil embargo on Israel.

Israel’s aerial strikes in Gaza are now subject to different interpretations with agencies invoking International Humanitarian Law which in contemporary times is governed by the United Nations Charter. The Israel-Hamas conflict is not a war between two sovereign states. Hence, the ‘Prisoners of War’ or ‘war crimes’ concept is not applicable. The ongoing conflict is a “non-international armed conflict”, categorised as a civil war between the armed forces of a state taking an armed non-state actor. The warring sides are expected to adhere to Article 3 of the Geneva Convention which prohibits practices like torture, summary execution and denial of fair trial.

Whatever be nature of the conflict, the safety of civilians is of utmost priority and the UN Charter reinforces that, “the party in control of the civilian population must not place them at heightened risk of harm by using them as human shields and the attacking force must take precautions to avoid or minimise excessive civilian causalities when attacking lawful targets”¹. Israel which is evacuating its citizens to safety from the Gazan border regions and North to protect them from Hezbollah strikes has closed the borders. To contain the collateral damage before launching ground attacks, Israel ordered the evacuation of civilians in North Gaza. But Hamas has erected blocks on roads stopping the movement of vehicular traffic to the South.

After the outbreak of the Ukrainian War, the neighbouring countries opened the border to accommodate displaced Ukrainians. Egypt on the contrary, concretised the lone border crossing to Gaza at Rafah and refused to offer shelter to the displaced Palestinians. Jordan has outrightly rejected any Palestinian refugees.

Israel announced a complete siege over Gaza along with retaliatory strikes. But offered to restore power, water, and food supplies to the Gaza Strip in exchange for the release of hostages. But rather (un)surprisingly, advocates of the peace process and Muslim countries, the UN has so far been determinedly reluctant to prevail on Hamas for the release of hostages.

Ten days into the airstrikes, Israel climbed down on its position and agreed to evolve a plan with the US to allow necessary aid to Gazans to prevent a humanitarian crisis. On the contrary, compounding civilian misery, UNRWA (United Nations Relief and Works Agency for Palestine Refugees) indicated that Hamas had stolen fuel and medicine meant for refugees. Hamas has weaponised civilians for its “jihad” against Israel. It has been used the death, devastation and human agony for a coloured global perception.

Besides, the indifference of the Islamic countries towards the plight of Muslim Palestinians is rather intriguing. The facetious and insincere high moral ground of the Muslim countries towards Palestine is rife with double speak and hypocrisy. None of the Arab countries are committed to the Palestine statehood. For decades, they have used Palestine for geopolitical games. This chicanery has become more equivocal with Hamas attacks.

Finally, geopolitically, the Middle East which is going through episodes of normalisation and reconciliation will witness a drastic realignment. The transformation and journey of the region from being a powder keg to a development-driven agenda will take a hit. Israel’s normalisation of diplomatic ties with Saudi Arabia will be kept on hold for an indefinite period. The proposed take-off of India-Middle East- Europe will be halted.

The fledgling axis of China-Iran-Russia might receive a new lease on life and anti-western sentiment will be out in the open with full vengeance. Hostility will return to Israel’s neighbourhood. Iran will unabashedly unleash its handmaidens-Hamas and Hezbollah to strike at Israel with vehemence. With an estimated 130,000 missiles, Hezbollah has the largest stockpile of missiles in the world.

The air strike on Al-Alhi hospital that killed over 500 civilians, allegedly caused by rocket misfire ahead of President Biden’s visit to Israel evaporated the last hope of a diplomatic effort to contain the conflict after Jordan pulled out from the summit talks between the US, Egypt, Palestine Authority and Jordan to be held at Amman. “Hospital massacre” has flared up tensions in the region and protesting Jordanians attempted to torch the Israeli embassy. With Iran dispatching militia to Lebanon through Syria, the frontal attacks on Israel are bound to intensify, widening it further.

The root cause for the current attack isn’t the perceived Israeli denial of statehood for Palestine. Though it is incidental, the primary motivation is the doctrine of rejection of Israel’s right to exist. The brutality of Hamas has extinguished all chances of a peace negotiation. Given a foreboding existential threat, Israel is left with no other option than asserting its right to self-defence.

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