Palestinians inspect the damage following an Israeli air strike at the Nuseirat refugee camp in central Gaza on December 13. Bloomberg
Palestinians inspect the damage following an Israeli air strike at the Nuseirat refugee camp in central Gaza on December 13. Bloomberg
Palestinians inspect the damage following an Israeli air strike at the Nuseirat refugee camp in central Gaza on December 13. Bloomberg
Palestinians inspect the damage following an Israeli air strike at the Nuseirat refugee camp in central Gaza on December 13. Bloomberg

How Israel shifted stance on civilian deaths in Gaza bombings


Robert Tollast
  • English
  • Arabic

Live updates: Follow the latest on Israel-Gaza

“We bombed the target, but the angle the bomb came in was not good and it collapsed the entire building. There was a very heavy silence in the room after this happened, as we realised the consequences of this.”

These were comments off the record to The National by a former Israeli air force pilot, describing a simulation about a decade ago which involved trying to strike one room in a building with a missile where militants were present. His remarks point to a shift in how the Israeli military views civilian casualties in the Gaza war, which has killed 45,000 Palestinians.

There has been a shift in what military analysts call “targeting”, which involves the planning and means by which enemies are struck from the air, taking into account factors such as the weapon used and presence of civilians.

In its military doctrine, Israel had standards and tactics to limit “civilian harm” – in the words of international humanitarian law – the most famous tactic being the “roof knock”.

The controversial practice involved the detonation of a very small bomb on the roof of a civilian building that warned residents it was about to be hit with a bigger bomb. Many residents might not have realised the sound was a warning amid the wider din of war.

According to a senior Israeli military source speaking to The Times of Israel in the days after October 7 last year, roof knocking was to be replaced with short-notice, mass eviction orders. Fourteen months on, much of Gaza has been devastated, in some cases during huge air strikes in built-up areas that killed scores or even hundreds of people.

While much of the damage was done in the opening months of the war, when thousands of tonnes of bombs were dropped as Israel retaliated against Hamas, it is no longer clear why such levels of violence are still used as the conflict winds down.

One strike on October 29 in Beit Lahia created particular anger, killing between 40 and 70 people to strike a Hamas spotter with binoculars, according to an Israeli officer’s off-the-record account to the BBC. The Israeli army said publicly that the “precise strike” had hit Hamas fighters.

Robert Goldman, an expert in international humanitarian law and former UN Human Rights Commission independent expert, said Israel has often failed to uphold standards of civilian protection.

“It is almost as if they are treating civilians within or adjacent to military objectives, as if they were voluntary human shields that are directly participating in hostilities. It doesn't seem that they are taking the kinds of precautions in attacks in terms of the choice of weapon to avoid, much less minimise, foreseeable harm to civilians and adjacent civilian structures,” he said.

He stressed that Hamas, as well as the Israeli army, has a responsibility to protect civilians by placing military infrastructure away from them.

“Hamas has deliberately exposed its civilians to the effects of hostilities and said ‘This is the price we have to pay.' But the Israelis have very much played into their hands. There's no question that Hamas has deliberately placed tunnels underneath civilian structures. That said, the civilians who live in those structures still have the benefit of the proportionality rule.

“It seems to me that in attack after attack, one has to question the military advantage gained.”

A neighbourhood in southern Gaza in ruins after Israeli bombing. AFP
A neighbourhood in southern Gaza in ruins after Israeli bombing. AFP

The “advantage gained” is a key concept in international humanitarian law. Armed forces are expected to evaluate use of force in places inhabited by civilians through a concept known as proportionality.

The Geneva Conventions, to which Israel is a signatory, outlines proportionality and prohibits attacks on the enemy “which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated”.

Thousands of Israeli air strikes have allegedly targeted low-level Hamas members in their homes, with potentially dated information and little regard for civilians as the buildings collapsed, detailed in an investigation last year by Israeli publication +972.

Evaluating civilian harm

International humanitarian law is interpreted as providing some leeway for civilian harm. For example, if soldiers are fired on from an apartment, they can fire back in self-defence, possibly killing civilians present. But it stresses they must make efforts to avoid such harm.

It also limits the extent that combatants can use human shields, because while civilian sites are “protected”, they can lose “protection” if combatants are present. Those using the human shields are therefore potential war criminals.

US doctrine describes scenarios where commanders should consider the appropriate weapon to use if an enemy is near civilians.

“An armoured vehicle used in combat is located at a school. The vehicle is a military objective. However, destroying the vehicle with certain types of munitions may cause incidental or collateral injury to civilian persons and damage to civilian objects,” says the most recent US military targeting manual from 2021.

“The potential for collateral consequences should also help guide their selection of capability to use against the vehicle,” it continues, referring to the size of the bomb used. For example, a Hellfire missile from a helicopter would destroy the vehicle, but spare the school. A 450-kilogram bomb could destroy both.

Another notable example is Washington's now abandoned Non-Combatant Casualty Value (NCV) system used between 2001 and 2018. This placed a limit on the number of civilian deaths deemed acceptable from an attack on the enemy if civilians were near, with an expected attack on former Al Qaeda head Osama bin Laden having an NCV of 30 civilians killed.

When the civilian deaths from a strike were expected to be higher, authorisation was passed up the chain of command to be signed off by a senior general. But NCVs for lower-level commanders were often one or zero, although this did not guarantee civilian protection.

Proving war crimes

Mr Goldman said that while strikes like the Beit Lahia attack are disturbing, it is hard to prove whether there was disregard for civilian life or intentional murder.

“It’s very difficult to allege and prove for a prosecutor, an indiscriminate attack, because you have to work back in time and you say, ‘OK, to destroy this tunnel, you ended up killing 80 civilians who were in this structure. Our view is that this is utterly disproportionate.’ They have to judge what was known at the time. What precautions did the commanders take and so forth. What was the basis of intelligence? Did they attempt to use an appropriate size munition?

“The burden is going to be on the prosecution to prove something.”

The former pilot said of the Beit Lahia attack: “Looking at my experience and my training that I've been through, I do believe this was definitely a mistake.

“Usually for spotters, you do this little missile, it’s like a grenade. There's no need to put the whole bomb there, on the whole house. It's possible that they did use a bigger bomb in order to try to get the blast in a different direction, to get to a specific room or specific floor. And this was a mistake, but somehow it created a collapse of the whole thing.”

But he added that after October 7, the process of selecting targets may have been sped up to the point where mistakes became more common.

The targeting process is “a production line. It was always looked at as a production line,” he said, adding that in his experience in the 2014 Gaza war, efforts were taken to minimise civilian deaths.

“It's possible that in the context of the long war after October 7, it became harder to do this kind of thing with all of the targets. And in general, since Protective Edge in 2014, there was a push for the IDF and a change in tactics for closer and more responsive air support for the ground forces.” He said this could be behind a rise in civilian deaths.

For Mr Goldman, there are other factors at play, not only Hamas hiding among civilians, but bitter anger in the aftermath of October 7.

“There's no question about the element, in my view, of vengeance,” he said.

Book%20Details
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COMPANY PROFILE
Name: Kumulus Water
 
Started: 2021
 
Founders: Iheb Triki and Mohamed Ali Abid
 
Based: Tunisia 
 
Sector: Water technology 
 
Number of staff: 22 
 
Investment raised: $4 million 
Cinco in numbers

Dh3.7 million

The estimated cost of Victoria Swarovski’s gem-encrusted Michael Cinco wedding gown

46

The number, in kilograms, that Swarovski’s wedding gown weighed.

1,000

The hours it took to create Cinco’s vermillion petal gown, as seen in his atelier [note, is the one he’s playing with in the corner of a room]

50

How many looks Cinco has created in a new collection to celebrate Ballet Philippines’ 50th birthday

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The hours needed to create the butterfly gown worn by Aishwarya Rai to the 2018 Cannes Film Festival.

1.1 million

The number of followers that Michael Cinco’s Instagram account has garnered.

Tips from the expert

Dobromir Radichkov, chief data officer at dubizzle and Bayut, offers a few tips for UAE residents looking to earn some cash from pre-loved items.

  1. Sellers should focus on providing high-quality used goods at attractive prices to buyers.
  2. It’s important to use clear and appealing photos, with catchy titles and detailed descriptions to capture the attention of prospective buyers.
  3. Try to advertise a realistic price to attract buyers looking for good deals, especially in the current environment where consumers are significantly more price-sensitive.
  4. Be creative and look around your home for valuable items that you no longer need but might be useful to others.
Company%20profile
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UAE currency: the story behind the money in your pockets
What is Reform?

Reform is a right-wing, populist party led by Nigel Farage, a former MEP who won a seat in the House of Commons last year at his eighth attempt and a prominent figure in the campaign for the UK to leave the European Union.

It was founded in 2018 and originally called the Brexit Party.

Many of its members previously belonged to UKIP or the mainstream Conservatives.

After Brexit took place, the party focused on the reformation of British democracy.

Former Tory deputy chairman Lee Anderson became its first MP after defecting in March 2024.

The party gained support from Elon Musk, and had hoped the tech billionaire would make a £100m donation. However, Mr Musk changed his mind and called for Mr Farage to step down as leader in a row involving the US tycoon's support for far-right figurehead Tommy Robinson who is in prison for contempt of court.

Islamophobia definition

A widely accepted definition was made by the All Party Parliamentary Group on British Muslims in 2019: “Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.” It further defines it as “inciting hatred or violence against Muslims”.

Results

5pm: Reem Island – Conditions (PA) Dh80,000 (Turf) 1,600m; Winner: Farasah, Antonio Fresu (jockey), Musabah Al Muhairi

5.30pm: Sir Baniyas Island – Maiden (PA) Dh80,000 (T) 1,400m; Winner: SSR Ghazwan, Antonio Fresu, Ibrahim Al Hadhrami

6pm: Wathba Stallions Cup – Handicap (PA) Dh70,000 (T) 1,400m; Winner: Astral Del Sol, Sean Kirrane, Ibrahim Al Hadhrami

6.30pm: Al Maryah Island – Maiden (PA) Dh80,000 (T) 2,200m; Winner: Toumadher, Dane O’Neill, Jaber Bittar

7pm: Yas Island – Handicap (PA) Dh80,000 (T) 2,200m; Winner: AF Mukhrej, Tadhg O’Shea, Ernst Oertel

7.30pm: Saadiyat Island – Handicap (TB) Dh80,000 (T) 2,400m; Winner: Celestial Spheres, Gary Sanchez, Ismail Mohammed

AI traffic lights to ease congestion at seven points to Sheikh Zayed bin Sultan Street

The seven points are:

Shakhbout bin Sultan Street

Dhafeer Street

Hadbat Al Ghubainah Street (outbound)

Salama bint Butti Street

Al Dhafra Street

Rabdan Street

Umm Yifina Street exit (inbound)

Ms Yang's top tips for parents new to the UAE
  1. Join parent networks
  2. Look beyond school fees
  3. Keep an open mind
Specs

Engine: Duel electric motors
Power: 659hp
Torque: 1075Nm
On sale: Available for pre-order now
Price: On request

Test

Director: S Sashikanth

Cast: Nayanthara, Siddharth, Meera Jasmine, R Madhavan

Star rating: 2/5

Secret Nation: The Hidden Armenians of Turkey
Avedis Hadjian, (IB Tauris)
 

PREMIER LEAGUE RESULTS

Bournemouth 1 Manchester City 2
Watford 0 Brighton and Hove Albion 0
Newcastle United 3 West Ham United 0
Huddersfield Town 0 Southampton 0
Crystal Palace 0 Swansea City 2
Manchester United 2 Leicester City 0
West Bromwich Albion 1 Stoke City 1
Chelsea 2 Everton 0
Tottenham Hotspur 1 Burnley 1
Liverpool 4 Arsenal 0

Tips to keep your car cool
  • Place a sun reflector in your windshield when not driving
  • Park in shaded or covered areas
  • Add tint to windows
  • Wrap your car to change the exterior colour
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Profile

Company name: Marefa Digital

Based: Dubai Multi Commodities Centre

Number of employees: seven

Sector: e-learning

Funding stage: Pre-seed funding of Dh1.5m in 2017 and an initial seed round of Dh2m in 2019

Investors: Friends and family 

The specs: 2018 Nissan 370Z Nismo

The specs: 2018 Nissan 370Z Nismo
Price, base / as tested: Dh182,178
Engine: 3.7-litre V6
Power: 350hp @ 7,400rpm
Torque: 374Nm @ 5,200rpm
Transmission: Seven-speed automatic
​​​​​​​Fuel consumption, combined: 10.5L / 100km

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Emiratisation at work

Emiratisation was introduced in the UAE more than 10 years ago

It aims to boost the number of citizens in the workforce particularly in the private sector.

Growing the number of Emiratis in the workplace will help the UAE reduce dependence on overseas workers

The Cabinet in December last year, approved a national fund for Emirati jobseekers and guaranteed citizens working in the private sector a comparable pension

President Sheikh Khalifa has described Emiratisation as “a true measure for success”.

During the UAE’s 48th National Day, Sheikh Khalifa named education, entrepreneurship, Emiratisation and space travel among cornerstones of national development

More than 80 per cent of Emiratis work in the federal or local government as per 2017 statistics

The Emiratisation programme includes the creation of 20,000 new jobs for UAE citizens

UAE citizens will be given priority in managerial positions in the government sphere

The purpose is to raise the contribution of UAE nationals in the job market and create a diverse workforce of citizens

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Asia Cup Qualifier

Venue: Kuala Lumpur

Result: Winners play at Asia Cup in Dubai and Abu Dhabi in September

Fixtures:

Wed Aug 29: Malaysia v Hong Kong, Nepal v Oman, UAE v Singapore

Thu Aug 30: UAE v Nepal, Hong Kong v Singapore, Malaysia v Oman

Sat Sep 1: UAE v Hong Kong, Oman v Singapore, Malaysia v Nepal

Sun Sep 2: Hong Kong v Oman, Malaysia v UAE, Nepal v Singapore

Tue Sep 4: Malaysia v Singapore, UAE v Oman, Nepal v Hong Kong

Thu Sep 6: Final

 

Asia Cup

Venue: Dubai and Abu Dhabi

Schedule: Sep 15-28

Teams: Afghanistan, Bangladesh, India, Pakistan, Sri Lanka, plus the winner of the Qualifier

Specs

Engine: Dual-motor all-wheel-drive electric

Range: Up to 610km

Power: 905hp

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The biog

Favourite colour: Brown

Favourite Movie: Resident Evil

Hobbies: Painting, Cooking, Imitating Voices

Favourite food: Pizza

Trivia: Was the voice of three characters in the Emirati animation, Shaabiyat Al Cartoon

The burning issue

The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE. 

Read part four: an affection for classic cars lives on

Read part three: the age of the electric vehicle begins

Read part two: how climate change drove the race for an alternative 

The%20specs
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Singham Again

Director: Rohit Shetty

Stars: Ajay Devgn, Kareena Kapoor Khan, Ranveer Singh, Akshay Kumar, Tiger Shroff, Deepika Padukone

Rating: 3/5

Hydrogen: Market potential

Hydrogen has an estimated $11 trillion market potential, according to Bank of America Securities and is expected to generate $2.5tn in direct revenues and $11tn of indirect infrastructure by 2050 as its production increases six-fold.

"We believe we are reaching the point of harnessing the element that comprises 90 per cent of the universe, effectively and economically,” the bank said in a recent report.

Falling costs of renewable energy and electrolysers used in green hydrogen production is one of the main catalysts for the increasingly bullish sentiment over the element.

The cost of electrolysers used in green hydrogen production has halved over the last five years and will fall to 60 to 90 per cent by the end of the decade, acceding to Haim Israel, equity strategist at Merrill Lynch. A global focus on decarbonisation and sustainability is also a big driver in its development.

Guide to intelligent investing
Investing success often hinges on discipline and perspective. As markets fluctuate, remember these guiding principles:
  • Stay invested: Time in the market, not timing the market, is critical to long-term gains.
  • Rational thinking: Breathe and avoid emotional decision-making; let logic and planning guide your actions.
  • Strategic patience: Understand why you’re investing and allow time for your strategies to unfold.
 
 
Updated: December 18, 2024, 4:00 AM