Ex-IDF Lawyer Explains Why the UN is Wrong About Genocide in Gaza

Legal Analysis of Genocide Claims

• ⚖️ Dr. Iran Shamir Borer, former head of international law for the IDF, argues that Israel is not committing genocide in Gaza due to a lack of evidentiary circumstances.
• ⚠️ He states that while civilian suffering is a tragedy, the devastation of war, especially urban warfare, cannot be equated with genocide.
• 🎯 For an act to constitute genocide, it requires unlawful and intentional conduct with a specific intent to destroy a protected group, which he believes is not evidenced in Gaza.

Challenges in Assessing Casualties and Intent

• 📊 Borer questions the accuracy of casualty numbers provided by Hamas, citing their reputation for manipulating information and distinguishing between combatants and civilians.
• ❓ He notes Israel's PR challenge in not providing an alternative number, explaining the difficulty in accurately counting civilian deaths during active conflict.
• 💡 The Al-Ahli hospital incident is cited as an example where initial reports, attributed to Hamas, were later found to be inaccurate, highlighting the need for caution with casualty figures.

IDF Conduct and International Law

• 🛡️ Borer asserts that the IDF is committed to international humanitarian law, with mechanisms in place to ensure conduct aligns with legal requirements.
• ⚖️ Principles like distinction, precautionary measures, and proportionality are integrated into decision-making processes, though individual violations may occur, leading to investigations.
• 💥 The complexity of urban warfare, where Hamas embeds itself within civilian infrastructure, makes it challenging to strike military targets without causing collateral damage, a reality that has not changed the IDF's legal commitment.

Hamas's Role and Civilian Shielding

• 🏢 Borer emphasizes that Hamas's actions, including embedding fighters within civilian areas, using tunnels under hospitals and residential buildings, and exploiting protected sites, are critical to understanding the conflict.
• 🚀 He argues that Hamas's conduct, such as firing rockets from within humanitarian zones and holding hostages, makes it difficult for Israel to achieve its objective of removing Hamas's military capabilities without significant engagement.
• ⚠️ The deliberate use of civilians as shields by Hamas is presented as a significant challenge that complicates Israel's adherence to the law and its ability to conduct operations.

Critiques of the UN Commission of Inquiry

• 🚫 Borer criticizes the UN Commission of Inquiry for its one-sidedness, methodological flaws, and potential biases, suggesting motivations beyond humanitarian concerns.
• 🌍 He points to the Human Rights Council's disproportionate focus on Israel and the commission's failure to adequately address Hamas's actions, including the October 7th attacks, as undermining its credibility.
• 🗣️ Statements by Israeli officials are analyzed, with Borer arguing they are often taken out of context or misinterpreted, and that official policy is determined by structured decision-making processes, not just rhetoric.

Broader Legal and Political Context

• ⚖️ Borer expresses concern over the legal and political pressures on Israel, noting the unprecedented number of proceedings against it.
• 💡 He highlights the dilemma Israel faces in balancing humanitarian obligations with the need to combat an enemy that abuses aid and exploits civilians.
• 🤝 Borer personally advocates for a hostage deal to be struck quickly, prioritizing the return of hostages for Israel's healing and rebuilding process.