Tag: Hamas

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Drawing Parallels.

The April 22 attacks by Kashmir Resistance (KR), a (at least tacitly) Pakistani-backed irredentist group in Indian-controlled Kashmir, in which 26 people were murdered, has some unfortunate parallels with the October 7, 2023 Hamas attacks on Israel. Although many more Israelis died in the latter (nearly 2000) and the costs to Palestinians living in Gaza (and to a lesser extent the West Bank) from the subsequent Israel war campaign against them have been astronomical (53,000 dead in Gaza alone while the India-Pakistan conflict is just now beginning and its outcome is as of yet undetermined), there are enough similarities between them to offer some observations about them, as well as their differences.

Hamas and Kashmir Resistance are both ethno-religious-nationalist irregular warfare movements that violently resist occupation and apartheid-like segregation. Both are animated by pre-modern if not primordial hatreds. Both are Muslim, opposed to Indian Hindu nationalism in the latter case and Israeli Zionism in the former instance. Both are proxies for other States, those being Iran in the case of Hamas and Pakistan in the case of KR. For their part, in their present political guises both Israel and India (who quietly support each other in their respective conflicts) prefer that their rule lead to consolidation of ethno-States dominated by their respective Jewish and Hindu majorities, including in the disputed territories over which their respective conflicts have periodically erupted.

The October 7 and April 22 attacks were provocations designed to prompt an over-reaction from the stronger State adversary which in turn was supposed to spark a broader conflict that would draw in other actors and create international pressure on, if not popular protests against the respective State adversaries. For a short moment, Hamas appeared to have succeeded, as the Israeli ethnic cleansing campaign in Gaza is by any definition disproportionate and indiscriminate in effect, involving the commission of war crimes and crimes against humanity in doing so. Hamas’s tactical objective was to spread the IDF thin as it encountered armed resistance in Gaza, the West Bank and coming out of Lebanon, and have Iran, Hezbollah and the Houthis eventually join in a multi-front struggle against the “Zionist entity.” This would in turn draw in more actors from the region and elsewhere as public pressure mounted for an end to the Israeli campaign (including in Israel), thereby forcing a diplomatic compromise that recognised Hamas’s status as the main Palestinian interlocutor (rather than the Palestinian Authority). The mounting toll of victims (including hostages taken on both sides) was a pawn in this larger game.

Protests erupted world-wide against the Israelis, causing civil unrest in many Western democracies as well as throughout the Muslim diaspora. Iran and its regional proxies, Yemeni Houthis and Hezbollah in Lebanon, attempted to widen the conflict into a regional war while fomenting pro-Hamas unrest in Arab States. For the first year of the conflict it looked like the Hamas strategy was working, especially after a coalition of US-led nations broadened the fight by sending a naval flotilla the Red Sea to thwart Houthi attacks on commercial shipping in the maritime choke point in support of Hamas. This was seen by Hamas and its supporters as confirmation that the West was on Israel’s side regardless of its behaviour and therefore not just anti-Palestinian but anti-Islamic as a whole (because the Houthis, Hezbollah and Iran are Shiites while Hamas is mostly Sunni Muslim).

For its part, KR hoped and may still be hoping that an Indian overreaction in the form of attacks on Pakistan and/or ethnographic-religious purges in Kashmir that will lead to Muslim uprisings throughout India and anti-Indian violence in surrounding countries with significant Muslim populations such as Sri Lanka and Bangladesh. That may be wishful thinking.

Whatever initial propaganda gains may have been made in the first six months after October 7, Israel’s response against Hamas and the Palestinian people has been multi-faceted, overwhelming, relentless, devastating and successful. It has ramped up its repression in the West Back while now moving to permanently occupy Gaza. It has intimidated Iran by killing some of its leaders on Iranian soil while launching missile attacks on military facilities, all while threatening Iran’s nuclear sites. It has conducted strikes against the Houthis and Hezbollah in their territories (including in foreign capitals like Beirut, Damascus and Sanaa) and killed scores of their leaders using conventional and unconventional means (such as the pager bombs used against Hezbollah, missile attacks on Iranian diplomatic facilities in Syria and the murder of a Hamas leader in an Iranian Revolutionary Guard guest house). It has occupied swathes of northern Lebanon and western Syria for good measure and shows no signs of withdrawal from anywhere anytime soon.

In other words, the Hamas “sucker ploy” (getting a stronger adversary to over-react to a provocation so world attention is focused on the response, not the initial atrocity) may have worked over the short-term but has now backfired spectacularly because, among other things, no other country or the community of nations appears able or willing to persuade or force the Israelis to stop their scorched earth campaign. In fact, Israel appears to see October 7 as an excuse and window of opportunity for its territorial expansion and direct control of Gaza and territorial strips from neighbouring countries like Lebanon and Syria. Much of that is also due to the US blanket backing of Israel with weapons and aid, something that as of yet is not a factor in the India-Pakistan conflict. But for Hamas, it means that its provocation may well result in its annihilation.

An obvious difference is that unlike the David versus Goliath nature of the Palestinian-Israeli war, the KR provocation has resulted in a peer conflict between two nuclear-armed States, again, with neither receiving the unequivocal backing on any Great Power (in fact, US president Trump initially said that the US should just “let them go to it and sort it out” or words to that effect). More subtly, the India-Pakistan conflict has become a bigger proxy clash between arms weapons suppliers, with Pakistan mostly fielding PRC-made weapons while India has diversified amongst Russian, French and Israeli platforms. That arms supplier competition is an ominous incentive to broaden the conflict into a conventional war.

Israel can engage in a scorched earth campaign against Hamas and other irregular warfare actors because it is a nuclear power with the strongest and most experienced conventional military in the region, one that has no significant challenger to its supremacy. It has cowed Iran and its proxies into acquiescence to its logic of force, if not submission to the new status quo. All with the backing of the US and other Western nations.

The situation is different in South Asia. India and Pakistan are nuclear armed peer competitors (although the Indian military is much larger). Notwithstanding some of the alarmist rhetoric of armchair pundits (including in NZ), neither is interested in using nuclear weapons for non-existential reasons, so this puts a cap on the escalatory potential of the conflict. Whereas Israel is free to mete out collective punishment on Palestinian civilians as it pleases, arguing that they harbour terrorists and disguise the terrorist’s infrastructure (and it is likely that due to their life histories and upbringing many Palestinians do indeed hate Israel and Jews, which still does not justify committing atrocities and war crimes against them), India and Pakistan have to tread more lightly. So far India has targeted “terrorist infrastructure” and air defence systems in Pakistan-controlled Kashmir and Pakistan itself, with Pakistan retaliating with limited air strikes across the border aimed at as of yet indeterminate (presumably military) targets. So long as the Indian targeting remains focused on military sites and irregular warfare proxies’ staging and hiding places, and the Pakistanis limit their response to military targets, then the escalatory potential for the conflict is low. It will be a limited conventional military tit-for-tat rather than a rush towards a conventional or nuclear Big Bang.

This demonstrates the deterrent effect of nuclear weapons, at least when in the hands of rational actors like the Indian and Pakistani military leaderships. Civilian groups, politicians and ethno-religious partisan media may agitate for all out war but unless there is a hot-head or two in the high commands of both countries, the chances of either ordering a nuclear strike–a first use one at that–is remote. Not impossible if things do not go as foreseen above, but pretty unlikely in any event.

Truth be told, the Indo-Pakistani conflict is about saving military face and national honour rather than conquest or retribution no matter how much historical baggage is layered onto it by war-mongering actors on both sides.

Perversely, the fact that Israel is (yet) the only nuclear power in the Middle East deters all would-be adversaries from openly posing real existential threats against it. For all of the talk by Iran and its proxies about erasing the “Zionist entity” from the face of the Earth, in practice they steer clear of actually attempting to do so. They know what that will bring, and this was the case before they were militarily and diplomatically neutered by the current Israeli war effort. In a strange way, all of this suggests that in both instances nuclear deterrence works and can be used to a nuclear-capable country’s advantage as a conflict limitation device under given circumstances. That is of no solace to Palestinians of course, but it may spare Indian and Pakistani civilians similar levels of devastation given the different nuclear context in which the conflict has begun.

This is where KR may have erred in emulating the Hamas provocation strategy. Rather than induce a sucker ploy scenario that garners global sympathy for the plight of Muslims in Indian-controlled Kashmir (and elsewhere in India), it has led to a peer clash between adjacent nuclear armed States that have previously fought conventional wars against each other. This very different context suggests that the conflict will not only be a two-sided rather than a one-sided affair, but that interests of State will prevail over ethnographic-religious hatred and ambitions for territorial expansion by either of them. For KR, much like for Hamas but in a different way, April 22 may well have sown the seeds of their own demise, at least as an armed irregular warfare group. Their ideology will remain and give hope to future resistance fighters, but for the moment current exigencies mitigate against widening their war and in fact suggest that they may be sacrificed in the pursuit of larger interests.

Other parallels may well be drawn as the Indo-Pakistani conflict evolves, but for the moment let us leave on this note: Sometimes the lessons learned from the experience of others are not the ones that were hoped for or intended to be.

That is the ultimate parallel of all.

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Media Link: AVFA on Israel going rogue.

In this episode of the “A view from Afar” podcast Selwyn Manning and I discuss Israel’s expansion of its war in Lebanon as part of a “six front” strategy that it thinks it can win, focusing on the decision-making process and strategic logic at play that led to the most recent turn of events. Plus some game theory references just to place things in proper context.

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Media Link: ” A View from Afar” on multidimensional hybrid warfare and the ineffectiveness of multilateral institutions.

This week’s “A View from Afar” podcast addresses the issue of multidimensional hybrid warfare using the Israeli pager attacks in Lebanon as a starting point before moving on to discuss the failures of multilateral institutions, the UN in particular, when it comes to handling war crimes and crimes against humanity. It is a sad state of affairs.

The Murky World of Israel’s Booby-Trapped Pagers and Walkie-Talkies

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NZ on Hamas and Zionist Settlers.

Here is one for the road before I shut down for a while due to the previously mentioned family medical issues. It is about NZ designating Hamas as a terrorist entity, adding its political wing to the 2010 decision to call its armed wing a terrorist entity under the 2002 Terrorism Suppression Act. I believe that the decision is mistaken. Here is why.

The move is more about tightening NZ’s alignment with its Western security partners with regard to the Israel-Hamas war and broader Middle East conflicts than about hindering Hamas’s ability to sustain itself. Hamas is supported by Iran and other states, so the move to sanction it under the TSA is more symbolic than substantive. It will have little discernible impact on Hamas’s operations other than to prevent it from hiding assets in NZ or receiving funding from it, be it by individuals or groups, under penalty of law. What it does allow is NZ to more fully commit to the anti-Houthi coalition now ring-fencing the Red Sea maritime channels because it can argue that the Houthis are supporters of a terrorist entity and therefore punishable as such (since the Houthis say that they support Hamas in its struggle with Israel and argue that their attacks on shipping are justified by Article 2 of the Convention on Preventing Genocide and are limited to Israel-bound or departing vessels and their naval support convoys).

However, most of the international community recognizes the difference between Hamas’s political and military wings, so NZ, its 5 Eyes partners and the EU (all of whom have designated both Hamas wings as terrorist entities) are at odds with the majority view. That view understands that resistance, revolutionary, nationalist and independence movements have armed and political wings that share broad objectives but behave according to principles of operational autonomy. Under those principles, armed wings provide coercive leverage that creates space for political wings to negotiate favorable settlements on disputed matters with adversaries. This is also a type of “moderate-militant” strategy that is a mainstay of collective action, but with armed force as the sharp end of the stick. Examples include the IRA and Sinn Fein (with whom the UK signed the 1998 Good Friday Peace Agreements and the IRA laid down its weapons), the Taliban during the ISAF occupation (where its political wing based in Qatar negotiated the withdrawal of US and ISAF forces with the Trump administration, paving the way for the calamitous allied retreat and Taliban return in 2022), Kurdish separatists in Iraq (who fought to secure political autonomy from the central government in Baghdad after the fall of Saddam Hussein and US troop departure) and more. The point is that armed and political wings are, within the limits of operational autonomy, the yin and yang of many mass movements and enjoy a symbiotic relationship as a result. The relationship between political and armed wings may be akin to that of glove and fist, but the glove is a deliberate loose fit.

Under the principle of operational autonomy armed wings do not share information about real-time military details and planning with their political wings because that risks leaks and intentional or inadvertent disclosures that can be exploited by enemies. In turn, political wings do not share information about negotiating strategies that may involve compromises because that can risk backlash, division and fracture with militants in the armed wings, which are also exploitable by adversaries and often are lethal.

It is important to note that in the exercise of operational autonomy the armed and political wings of a mass movement aim to influence each other. The armed side wishes to present a fait accompli on the ground that backs the political wing into a bottom line negotiating corner when it comes to common enemies. That was the case with October 7. The political wing attempts to restrain the use of force and use the threat posed by the armed wing as a bargaining chip in order to extract concessions from its adversaries. That makes for a two-level game, one internal and one external. It is the internal dialectic between the two sides that ultimately determines the external strategy employed by the movement as a whole.

In other words, the two wings share broad strategic goals but not tactical approaches. Operational autonomy promotes operational security. That is why lumping the Hamas political wing (based in Qatar, as were the Taliban) with its military wing (based in Iran and Gaza) is a case of specious logic on the part of the NZ government. For security reasons the political wing was uninvolved in planning the October 7 attacks for which it is now blamed as a co-conspirator by NZ. It is still needed as a Palestinian agent if any negotiated settlement is to be achieved because like it or not, it will not be fully eliminated as a political entity even if the armed wing is destroyed (and even then, only temporarily). Denying that reality is misguided, especially since the Palestinian Authority is corrupt and discredited at home and abroad even if recognized by Western nations as a puppet Palestinian “government” in the occupied West Bank. With its foreign backers behind it, Hamas is here to stay regardless of how it is “designated” by NZ and others. (As an aside, the Palestinian Authority and Hamas are currently in talks in Moscow about a post-war Palestinian government, which shows that at least the PA understands the reality of the situation).

Put another way: For those who think that cutting off recognition of Hamas is a good idea, remember that there must be someone to talk to if a resolution to the war is to be had. They will not be destroyed because they are more than an army–they are an ideological movement that will outlive its militant fighters. You may not like them, and in fact hate them, but like Israel itself, they will not go away. Best then to talk to their political wing even as part of a divide and conquer strategy because the ultimate resolution is political, not military.

The NZ decision on Hamas also demonstrates the lie that is the claim that NZ enjoys foreign policy independence, since NZ has simply bowed to the wishes of its 5 Eyes and other Western security partners against a rising tide of global public opinion about the Hamas-Israel war. That, in the words of a former NZ PM, is the price for being in the Anglo-centric big boys “club.” But there is more costs involved–that of the impact on NZ’s international reputation as a good global citizen and honest interlocutor.

The NZ government also declared that it was imposing travel bans on about a dozen Israeli settlers know to have committed violent acts against Arabs in the West Bank. But let’s be clear: that is just trying to have a diplomatic bob each way when it comes to Israel and Hamas, since the chances of Zionist extremists seeking to travel to NZ is about the same as finding a nun in a brothel. That makes it an empty symbolic gesture rather than an effective diplomatic tool.

It is said that the currency of diplomacy is forged by hypocrisy. NZ’s behaviour with regard to Israel and Hamas is a case in point.

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Further thoughts about a couple of things near and far.

My son is back home recovering well. There are some more serious sequels to come, but for the moment we will enjoy the end of year respite and welcome in what we hope is a better 2024 even with the knowledge that he is not out of the woods yet.

I remain unhappy with much of the coverage of the Hamas-Israel conflict in NZ, so threw some thoughts together on the consultancy social media account. They are just sketches designed as food for thought rather than deep analysis. I have fleshed them out a bit here.

First. What does it take for Israel to be labelled a “pariah State” and subjected to international sanctions? North Korea, Iran and Myanmar have all been branded as such and sanctioned because of their behavior (seeking nukes, human rights abuses). So what is the threshold for Israel? Or is it because it is “of” or backed by the West (specifically, the US) that it gets a longer definitional rope? I realise that there is not specific criteria for why and when a State is designated as a pariah and sanctions invoked (which themselves are not uniform or standard in nature), but surely Israel has moved into that territory. Or not?

On the other side, when it comes to those who attacked Israel on October 7, note their differences. Islamic Jihad is a religious extremist movement that pursues holy war against non-believers, Jews in particular. Hamas are an ethno-nationalist movement with some religious extremist elements that seeks to reclaim traditional lands lost to Israel. Their alliance is tactical more than strategic because their objectives overlap over the short-term but differ over the long term. They have common patrons (Iran/Russia), allies (Hezbollah/Houthis/Iraqi militias/Syria) and enemies (Israel/US/ West/Sunni oligarchies) but should not be seen as being a single entity.

The difference is important because Western corporate media tend to treat islamic Jihad and Hamas as a single organization, which implies a unified command, control, communications and intelligence-gathering (C3I) hierarchy. Although there is certainly a degree of coordination of weapons and intelligence transfers between them and their allies and integration of operational units such as what occurred on October 7, the leadership structures of the organisations differ as well as their long term objectives. More specifically, it is my read that Islamic Jihad desires a holy war and the establishment of a Caliphate in the Levant and larger Middle East, whereas Hamas wishes to reclaim what has historically been known as Palestine (hence the phrase “from the river to the sea,” demarcating the territory between the River Jordan and the Mediterranean from the Lebanese/Israel/Syria border to the Red Sea). This well-known map shows the area of claim and what has happened to it since 1946.

The fact that Islamic Jihad and Hamas have different long-term objectives means that they are potentially divisible when it comes to both military approaches as well as diplomatic negotiating strategies.They and their patrons will resist the latter as a divide and conquer approach, and they will be correct in interpreting the situation as such. But for the larger set of interlocutors trying to achieve a solution to the current status quo impasse and endless cycle of violence, separating the approach to Islamic Jihad from that towards Hamas makes sense. Remember that Hamas wants to replace the Palestinian Authority as the main agent of the Palestinian people and has strong support in the West Bank in that regard (the Palestinian Authority is headquartered in the West Bank but is totally subject to Israeli edicts and controls). Islamic Jihad would prefer to see the current conflict broaden into a regional war out of which a new Caliphate will emerge from the ashes. The Houthi attacks on shipping in the Red Sea and Shiite militia attacks on US bases in Iraq are part of that effort.

Remember that Islamic Jihad and its allies do not need to win any major war in order to prevail (they militarily cannot). But their efforts have already caught the attention of the Arab “street,” where restive populations see the indifference or complicity of their oligarchical leaders when it comes to Israel as further proof that they are Western puppets. The idea is to expose who the real Masters are, undermine their Arab servants and promote jihad on a regional, grassroots level. it may seem like a pipe dream to those of us far from the streets of places like Cairo, Amman, Tangiers or Riyadh, but if and when anger takes to the streets of such places, then the outcomes are by no means certain when it comes to regime status quo stability.

It does not appear that Islamic Jihad will accept territorial concessions in order to achieve peace, as its project is larger than removing Israel and Jews from the Levant. Hamas, on the other hand, is arguably more nationalist than religious in nature, which means that the ideological focus is on specific ancestral territory rather than on religious orientation (even if Jews make for convenient historical scapegoats). It is also something that is obliquely seen in the fact that although Palestinians are largely Sunni Muslim in religious identification, Hamas’s main support come from Shiite Hezbollah in Lebanon, Shiite Iran and the Shiite Alawite (Assad) regime in Syria. These patrons and allies well understand that the Palestinians are much like the Kurds further to the East, claiming ancestral homelands that have long since been carved up by foreign occupiers (not just European colonialists) and who for many historical reasons are reviled by their co-religious neighbours (hence the refusal to grant or cede territory for either a Kurdish or Palestinian homeland by Sunni-majority regional neighbours or the acceptance of Palestinian refugee flows from the current conflict by these same States).

We must also factor in that both Hamas and Islamic Jihad have factions within them, including political and military wings, (comparatively) moderates and militants, pragmatists versus “idealists” in their ranks. Islamic Jihad has a more unified political-military command (which makes it vulnerable) even when using a decentralised guerrilla military strategy), while Hamas has separated its political and military wings while trying to professionalize its fighters. In any case, harder or easier, these divides can be exploited if the will is there. Conversely, if the divisions are self-recognised and there is a unity of spirit against an immediate foe n face of the odds, they can be mitigated even under the stresses of overwhelming kinetic assault.

In the end, Islamic Jihad is an existential threat to the Middle Eastern status quo because it, like ISIS and Al-Qaeda, want to overthrow the established order even if its current capability to do so is minimal and dependent on the help of others. Hamas is a stronger irregular warfare actor as well as an ideological movement in the local and international imagination because of its territorial focus, so does not pose as much a threat to the broader regional order other than the fact that it’s success could encourage similar insurrectionary movements in the near elsewhere.

Many difficulties exist on the other side of the road to elusive peace in Palestine. Israel will have to cede occupied territory for Hamas to even be approachable regarding negotiations, but what with the combination of recent orthodox Jewish immigrants from the US, Russia and elsewhere fuelling the settler movement, and with the Netanyahu government leaning hard right as a result of the conservative religious extremists in his cabinet, leading to the Israeli government arming of settlers and protecting them with military units, that is clearly not an option any time soon if ever. Israelis are hinting at the Sinai Peninsula as a place to re-settle Palestinians, but Egypt wants no part of that, nor for that matter do the Palestinians themselves. So the first thing that will need to happen is for the Israeli government to change and for it to abandon its settler policies. Again, this seems like a very high mountain to climb.

Another obstacle is that Netanyahu and his supporters may see the situation as a window of opportunity. They may liken the move to eradicate Hamas from Gaza and drive its population out of the Strip as being akin to the Six Day 1967 War in which Israel stripped Jordan of the West Bank, Syria of the Golan Heights and Egypt of the Sinai Peninsula and Gaza Strip. Moreover, given the surprise of the October 7 Hamas attack this year, it is clear that Netanyahu does not want to be seen as Golda Meir during the Yom Kippur (or Ramandan) War of 1973, when Israel was caught unprepared for an attack on October 6 by Egypt and Syria, leading to large early losses for the Israeli Defense Forces (IDF). Even though Israel ultimately won that war in 20 days, Prime Minister Meir was castigated for the lack of preparedness or forewarning and her coalition lost a majority in the legislative election the next year, resulting in her resignation. Netanyahu is acutely aware of her fate as well of the actions he took that helped facilitate Hamas launching its attack (like ignoring intelligence warnings and re-deploying active duty troops from the Gaza border to protect illegal settlers in the occupied West Bank). He knows that politically he is a dead man walking unless he comes up with something spectacular.

In his mind and that of his supporters and colleagues, seizing Gaza may be just that. Since there is no credible international deterrent levelled against Israel and a lack of enforcement capacity to stop its prosecution of the war even if there was a consensus that it has gone too far with its collective punishment/ethnic cleansing campaign in Gaza, Netanyahu makes the plight of the Gazans a UN refugee problem while the IDF consolidates its physical control of the territory. That allows him to “eliminate” Hamas (and many innocents) as a physical entity in the Strip, opening the door for Israeli occupation and settlement. If that is the case, he may well overcome domestic anger at his pre-war actions and seeming disregard for Israeli hostages and instead ride a wave of nationalist sentiment to another term in office.

Should that happen, the shrinking map of Palestine shown above will have to updated yet again.

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Media Link: “A View from Afar” returns to discuss Hamas/Israel.

After the hiatus that also forced me to suspend KP posts for a while, Selwyn Manning and I have resumed the “AVFA” podcast series. In the restart episode we dip our toes into turbulent waters by talking about the first order dynamics and potential second and third order consequences/repercussions of the Hamas/Israel conflict.

It is an emotion-laden subject but we do our best to be dispassionate. You can find the show here.

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Proportionality and avoidance of collective punishment.

Not wanting to get into an endless debate here, but as a political person I cannot pass on making a small comment on the current Israeli-Palestinian conflict. I do not pretend to be a subject expert on the tortured history of Israeli-Palestinian relations and am not about to get into the finger-pointing and “whataboutism” surrounding the latest precipitants of collective violence, but as a student of armed conflict (yes, there is such thing), here it goes.

Among many others, there are two principles embedded in the laws of war (jus in bello): in the conduct of armed operations the use of force must be proportional and discriminate; and collective punishment of unarmed populations must be avoided. Even when not specifically phrased in these terms and whether done by state or non-state actors, behaviour that violates these principles are classified as war crimes. The legal work on this subject is voluminous.

Unfortunately, these norms continue to be regularly violated. In the desire to apply superior asymmetric force to an adversary, armed forces lacking a firm moral compass or professional ethos disregard these principles as a matter of course and yet at their peril (think of the Syrian military as a recent example). Conversely, weaker armed groups use disproportionate and indiscriminate force against non-combatants to compensate for their inability to prevail in a conventional (and rules bound) force-versus-force confrontation (think of Daesh). Whichever the reason, disproportionality and collective retribution lead to indiscriminate violence against innocents, which opens up the perpetrators to legal consequences or replies-in-kind should there be no legal consequence.

If eye-for-eye retribution is to be avoided, regardless of who they are and the cause that they espouse, those who order and carry out attacks in violation of these principles must be legally held to account. If not addressed by their own judicial means, there is a place for that to happen. It is called the International Criminal Court (ICC) in The Hague. However, there is a problem with adjudicating justice via the ICC because it depends on it being recognised by sovereign states and objectively supported by the most powerful among them. Unfortunately, countries like Israel, Iran, Russia, the PRC, Turkey, most Sunni Arab states and the US do not recognise the ICC, so its scope of authority is limited at best.

The Palestinian Authority recognises the jurisdiction of the ICC but Israel and Hamas do not. Israel argues that Palestine is not a sovereign state in spite of its non-member observer status in the UN (the ICC is a dependency of the UN) so cannot be party to the Rome Statute that established the ICC. It also argues that Israel has its own investigative bodies so does not need ICC interference in its affairs. Hamas is not recognised as a sovereign governmental body even though it administers the Gaza Strip (in a division of authority with the Fatah-led Ramallah-based administration that is recognised as the Palestinian Authority), so is excluded from ICC jurisdiction even if its members can be prosecuted by it (as is the case with Israelis). In addition, because it is not a party to the Rome Statute, Hamas refuses to recognise the ICC as an instrument of accountability. Because of the lack of universal recognition, the ICC cannot gain UN Security Council (or even General Assembly) approval to extend its jurisdiction to non-signatory states.

Even so, the ICC has (perhaps as an aspirational rather than practical goal) on-going investigations against both Hamas and Israel dating back to 2014 and has launched another against both sides as a result of the current conflict. It is more than likely these will be fruitless unless the international community coalesces around a demand for accountability for war crimes in this ongoing tragedy. Specifically, the time has come for larger powers to use their diplomatic strength to support the ICC investigations against Hamas and Israel and thereby put on notice those on both sides who order and carry out war crimes that they will be prosecuted for their actions.

Again, this is not about who started what or re-litigating historical grievances. It is about trying to stop the commission of war crimes once armed conflict is engaged. The ICC can investigate the veracity of claims of civilian targeting and can charge commanders and political leaders on both sides for authorising attacks on them (the evidence is already available on video). It can then issue international arrest warrants for the accused that, if not enforced inside of their own territorial jurisdictions, will be enforceable if they try to leave the safety of them (think of Pinochet when he went to visit Maggie Thatcher and wound up under de facto house confinement for months because he could not leave Britain without risking arrest for crimes against humanity–in his case against his won people). This type of move is therefore a holding to account for current and past crimes and a deterrent against future crimes. The impediments to doing so are many but the need to do so is even greater.

The desire to use the ICC as an agent of justice and deterrence may be wishful thinking given contemporary realities but it seems that with enough support in the wider international community, such an ICC intervention could be a prelude to the political settlements required for peace. And even if its potential use only helps stop the current fighting, then a small defense of humanity will have been served.

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Collective responsibility, terrorism and the conduct of war.

The Israeli offensive in Gaza has rekindled debate about the role of collective responsibility in the initiation and prosecution of war. Israel is specifically accused of collectively punishing all Gazans in retaliation for Hamas missile attacks on the Israeli population, with some claiming that aspects of Israeli military operations amount to war crimes. Such may or may not be true, but the issue is more complex than that.

Hamas argues that it is justified in firing missiles into Israeli population centers because all Jews are complicit in the Zionist enterprise and all Israelis eventually complete some form of military service. From that perspective better to kill a Jew in the crib than on the battlefield. Sunni extremists in Iraq target Shiia worshippers at their holy sites because they hold them accountable for the apostasy of their clerical leaders. Osama bin Laden has openly stated that the US public made itself a target for attack by repeatedly electing pro-Israeli and anti-Muslim administrations. Kurds and Armenians hold all Turks responsible for the sins of the Ottomans, Kemalists and their successors. Chechnyan militants hold all Russians culpable for the depredations of the Russian military in the post-Soviet republic. Germans are still held by some to be collectively guilty for the sins of the Nazis. The Japanese are accused on not feeling guilty enough for the depredations of Hirohito and company. The list of collective finger-pointing, responsibility, guilt, targeting and punishment is long.

The issue is complicated by the fact that, by the criteria of collective responsibility, open and honest elections increase the culpability of the electorate in the sins of their political representatives. That was Osama’s point about the US. Whatever one may think about the US electorate’s complicity in Bush 43’s follies, by that logic the Palestinians are collectively culpable for having voted in favour of a Hamas-majority parliament in 2006. Put another way, citizens of non-elected authoritarian regimes cannot be held accountable for the behaviour of those regimes unless there is some other mechanism to attribute direct support for the authoritarian project. An example would be Argentines during the Falklands/Malvinas war, which was initiated by a brutal military dictatorship feared by its own people. Conversely, the citizens of all democratic regimes are complicit in the behavior of their governments because it was their majority vote that brought those governments into power. The minority of those who voted against these democratically-elected incumbents may take issue with that (and indeed have), but the logic is inscrutable on the point: mass elections make the masses collectively responsible for the conduct of their elected leaders. Continue reading “Collective responsibility, terrorism and the conduct of war.”

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The Rationale of Hamas Rocket Attacks

There is much argument about who started the latest Gaza conflict. Many believe that the Hamas rocket attacks on Israel were the precipitating event, and that Israel has the right to respond. Perhaps that is true. Many question why, during a supposed truce, Hamas would have continued to stage rocket attacks on Israeli territory. The reason, in my view, was both tactical and strategic.

Hamas demands the illegal Israeli settlements on Palestinian land be withdrawn before any durable peace can be achieved. It believes that it has the right to armed resistance against illegal occupation of its land. Israel demands that the rocket attacks stop before talks on a land-for-peace swap can begin. Hamas militants believe that to cease their attacks will be a tacit surrender to Israeli demands. They also believe that stopping the attacks are a sign of acquiescence on the terms of  any deal. Thus the rocket attacks are designed to frame any discussions in a way that is favourable to Palestinian interests. They are, in a word, part of a “moderate-militant” negotiating strategy by which the attacks are designed to give Hamas’s political wing more room to maneuver when negotiating the terms of any land-for peace agreement. Anyone familiar with negotiations understands the principle: you drive a hard bargain and settle for something less. In this instance the bargain being driven has an armed edge.

There is more to the picture. The reason that rocket attacks are used is that since 2006 no successful suicide bombing attacks have been carried out in Israel (although many have been thwarted). Given the heavily fortified nature of the border, rocket attacks are the only way to make the militant point. Moreover, the point is not only being made to the Israeli authorities. It is also, and perhaps more importantly, being made to the Hamas moderates who make up the bulk of its political wing, and who are the potential negotiators on the Gazian side (since Fattah represents the Palestinian community in the occupied West Bank). Thus the rocket attacks served episodic notice of militant conviction on two fronts, internal and external, with the internal message to the political wing being “sell us out at your peril.”

Regardless of whether this explanation of the rationale behind the rocket attacks is correct or not, one thing is now clear: the rocketeers seriously underestimated Israel’s determination to eradicate Hamas’s militant wing while allowing its political moderates to live to negotiate anther day ( I elaborate on this and some other aspects of  the conflict over at www.scoop.co.nz in an essay titled “Who Benefits from the Gaza conflict?”). That process is now taking place.