The Gaza Conflict: Learning Lessons

This roundtable discussed international humanitarian law questions relevant to the Gaza conflict, in particular since the Hamas attack on Israel on 7 October 2023. Initiated and chaired by CILRAP’s Advisory Board member, ret. Norwegian Judge Advocate General Arne Willy Dahl (former President, International Society for Military Law and the Law of War (ISMLLW)), 12 legal experts participated in this event convened in the CILRAP Bottega in Florence (four of whom remotely): Lt. Col. Berger (Head of the Emerging Technologies and Legal Development Branch, International Law Division, IDF), Morten Bergsmo (Director, CILRAP), Geoffrey S. Corn (Professor, Texas Tech University School of Law), Gloria Gaggioli (Professor, University of Geneva), Wolff E.M. Heintschel von Heinegg (ISMLLW President and Professor Emeritus, Europa-Universität Viadrina Frankfurt), Cecilie Hellestveit (Associate Professor, Norwegian University of Science and Technology), Brigadier General Katzir (former Head of the International Law Division, IDF), Mark Klamberg (Professor, Stockholm University), Jann K. Kleffner (Professor, Swedish Defence University), Daphné Richemond-Barak (Professor, Reichman University), and Dr. Song Tianying (CILRAP Research Fellow and Member, CICJ Steering Group), in addition to Arne Willy Dahl. 

The detailed discussions focused on several of the most consequential legal topics arising from the context of the Gaza-Israel conflict: Session 2 concerned distinction in the targeting of persons and objects, in air warfare (where officers at headquarters can consider intelligence and legal issues before deciding on attack) as well as for ground troops (where decisions are normally made on site, by low-level commanders); Session 3 considered passive and active precautions (highlighting the challenges of wide-scale, high-intensity conflict in urban environments involving non-state actors ); and Session 5 concerned siege warfare, humanitarian aid and relief operations (where there seems to be more disagreement about the facts than the applicable rules). 

There were also sessions on naval blockade and humanitarian consequences (Session 4), and on control and legal status of the Gaza Strip (Session 1). The discussions underscored the continued relevance of prize law and noted recent Israeli jurisprudence in this regard (how it may inform other domestic courts facing future prize proceedings and the interpretation of international prize law).

Several CILRAP Conversations were recorded with participating experts before and after the roundtable (links above).