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ajb ◴[] No.39146163[source]
The actual rulings can be found at https://www.icj-cij.org/sites/default/files/case-related/192...

and a summary is: https://www.icj-cij.org/sites/default/files/case-related/192...

Dissents etc can be found in the case page: https://www.icj-cij.org/case/192 - in particular the opinion of Judge Aharon Barak, the Israeli ad-hoc Judge (a peculiarity of the ICJ is that each side gets to add a judge, but it doesn't have much effect since there are 17 other judges). But interestingly Judge Barak ruled against Israel in the case of two measures, enforcement against Incitement and ensuring humanitarian aid.

I believe it's also available in French, for those more familiar with that language.

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throwaway421967 ◴[] No.39150104[source]
Since the comment that I replied to was flagged, I'm posting this here because it is simply a statement of facts.

- Judge Barak's numbers on civilian deaths on 7th october are simply wrong and could've been easily checked. 766 civilians were killed, 1200 was the total number of deaths (including armed forces).

- Israel's own numbers say "2 civilians killed for every one militant"[1], that's 66% in the Gaza offensive.

- 766 / 1200 = 63.8%

- 63.8% and 66% are indeed close numbers, don't see why would it be flagged.

Of course, the numbers claimed by other NGOs / UN make it worse. But Israel's numbers are sufficient to make that claim.

[1] - https://edition.cnn.com/2023/12/05/middleeast/israel-hamas-m...

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1. Qem ◴[] No.39151574[source]
Regarding the people that died on October 7, one important detail is evidence surfaced it appears a sizeable fraction was killed due to Israeli military attacking militants and hostages without distinction, to avoid capture, following the so called Hannibal directive:

https://thecradle.co/articles/israeli-army-ordered-mass-hann...

https://thegrayzone.com/2023/11/25/israels-october-7-propaga...

https://en.m.wikipedia.org/wiki/Hannibal_Directive

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2. shakil ◴[] No.39151898[source]
Why is this flagged/down voted? Its just a plain statement of fact, supported by credible sources and references. Here's some more references if people think this didn't happen. The IDF attacked and fired on the Nova festival goers with Apache helicopters [1], an Israeli tank fired shells at Kibbutz Be'eri killing hostages and children, and stories of eight babies killed at the kibbutz have been proven to be false, among other things [3], [4]

1. https://www.businessinsider.com/idf-mistakenly-hit-festival-...

2. https://en.wikipedia.org/wiki/Be%27eri_massacre#Survivors'_t...

3. https://archive.is/Zn3Bt

4. https://www.youtube.com/watch?v=L91kG_bYsn0

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3. brighteyes ◴[] No.39152071[source]
It is downvoted because it said "sizable fraction", which is a conspiracy theory.

It is true that there were a few incidents, but they only account for a very small fraction of the death toll.

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4. rsoto2 ◴[] No.39152119{3}[source]
The report that I saw said that there were 70 vehicles completely destroyed by RPG or Helicopter and the Israeli military did not go into specifics(although they undoubtedly have more data about the event than they have released)
5. wahnfrieden ◴[] No.39152295{3}[source]
“A few… A very small fraction” is a conspiracy theory actually
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6. wahnfrieden ◴[] No.39153107{4}[source]
IDF says “immense quantity” of friendly fire, that doesn’t sound like your “a few”:

Israel’s army on Tuesday admitted that an “immense and complex quantity” of what it calls “friendly fire” incidents took place on 7 October.

The key declaration was buried in the penultimate paragraph of an article by Yoav Zitun, the military correspondent of Israeli outlet Ynet.

It is the first known official army admission that a significant number of the hundreds of Israelis who died on 7 October were killed by Israel itself, and not by Hamas or other Palestinian resistance factions.

Citing new data released by the Israeli military, Zitun wrote that: “Casualties fell as a result of friendly fire on October 7, but the IDF [Israeli military] believes that … it would not be morally sound to investigate” them.

replies(1): >>39155117 #
7. edanm ◴[] No.39153649[source]
As far as has been credibly reported, it wasn't a "sizeable fraction", it was a very small number. There's only one incident I know of that is verified.

I'm sure more will surface - such is war. Therefore I want to make it very clear - it is not an important detail, despite you calling it such. Hamas are the ones that attacked - if in the process of trying to stop these attacks, the IDF inadvertantly killed Israeli civilians, that is tragic - but is completely the fault of Hamas. This is true both legally and morally.

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8. SomeoneFromCA ◴[] No.39154076[source]
It is absolutely not "true both legally and morally." It all depends on scale and purpose of the operation. If israeli military acted with disregard to the lives of non combatants, that would account to war crimes, against their own population. They have history of war crimes against their own forces, called Hannibal doctrine, so I won't surprised if they have same directives against civilians.
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9. weatherlite ◴[] No.39155117{5}[source]
A significant number of Palestinian casualties are killed by Hamas misfires
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10. SomeoneFromCA ◴[] No.39155279{6}[source]
Did you just make it up?
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11. reducesuffering ◴[] No.39155403{7}[source]
https://en.m.wikipedia.org/wiki/Al-Ahli_Arab_Hospital_explos...
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12. SomeoneFromCA ◴[] No.39155587{8}[source]
"While this is not a conclusive finding, it is currently considered the likeliest explanation based on the evidence gathered in investigations conducted by the Associated Press, CNN, The Economist, The Guardian, and The Wall Street Journal.[7]"

No official investigations made (only statements made by pro-israel media eraly in conflict), no proof thefore. Yet israel has track of bombing the Gaza hospitals, which makes aposteriori a more plausible explanation for the incident.

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13. wahnfrieden ◴[] No.39155731{9}[source]
Regardless a failed rocket launch is a different matter from the Hannibal Directive which is deliberate lethal attack on their own hostages. The official directive was retired in recent years but is still practiced per Israeli reporting.

> The Hannibal Directive (Hebrew: נוהל חניבעל; also Hannibal Procedure or Hannibal Protocol) is the name of a controversial procedure that was used by Israeli Defense Forces (IDF) until 2016 to prevent the capture of Israeli soldiers by enemy forces. According to one version, it says that "the kidnapping must be stopped by all means, even at the price of striking and harming our own forces."

> Israeli newspapers have reported that the IDF was issued orders echoing the wording of the Hannibal Directive during the 2023 Hamas-led attack on Israel. The IDF was ordered to prevent "at all costs" the abduction of Israeli civilians or soldiers, possibly leading to the death of a large number of Israeli hostages.

https://en.wikipedia.org/wiki/Hannibal_Directive

14. wahnfrieden ◴[] No.39155765[source]
IDF's own reporting calls the amount of friendly fire casualties on Oct 7 "immense". Your interpretation is more conservative than IDF's own analysis and reporting on their own evidence - that's suspicious.

Furthermore there is Israeli reporting on the practical use of Hannibal Directive during Oct 7, which is deliberate killing of military and civilian hostages. Israeli reporting claims that the use of this directive may have been responsible for a "large" amount of hostage casualties.

Despite official recognition of the "immense friendly fire", IDF also reports that they refuse further investigation because they believe it would be "immoral", so there is deliberate obfuscation at play.

>Israel’s army on Tuesday admitted that an “immense and complex quantity” of what it calls “friendly fire” incidents took place on 7 October.

>The key declaration was buried in the penultimate paragraph of an article by Yoav Zitun, the military correspondent of Israeli outlet Ynet.

>It is the first known official army admission that a significant number of the hundreds of Israelis who died on 7 October were killed by Israel itself, and not by Hamas or other Palestinian resistance factions.

>Citing new data released by the Israeli military, Zitun wrote that: “Casualties fell as a result of friendly fire on October 7, but the IDF [Israeli military] believes that … it would not be morally sound to investigate” them.

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15. dang ◴[] No.39158933{3}[source]
You can't post like this to HN, regardless of who you have a problem with. It's not what this site is for, and destroys what it is for.

We have to ban accounts that post this way, so if you'd please review https://news.ycombinator.com/newsguidelines.html and not post this way, we'd appreciate it.

16. edanm ◴[] No.39160011{3}[source]
EDIT: Mis-wrote something, see further comments for details.

I went down the rabbit-hole trying to find out exactly what was said and meant. I don't consider Electronic Intifada a credible source (I mean, the bias is in the name!), but they are citing specific statements made by an Israeli army reporter.

That said, I think they (and you) are making things seem very different by the way in which you're quoting the statements. I wrote there are only a few known cases of friendly fire on civilians, and you wrote that the army thinks the number is "immense", which contradicts what I said.

Except, if you look at the context of that statement from the article, I think it doesn't actually contradict it. Here's the whole paragraph:

> Casualties fell as a result of friendly fire on October 7, but the IDF believes that beyond the operational investigations of the events, it would not be morally sound to investigate these incidents due to the immense and complex quantity of them that took place in the kibbutzim and southern Israeli communities due to the challenging situations the soldiers were in at the time.

The "immense and complex quantity" statement here refers to why the army says it's not morally sound to investigate the incidents. There could've been 100 incidents - e.g. 100 cases of cars bombed trying to cross back into Gaza, which may or may not have had hostages in them (which is I believe where the IDF supposedly invoked the "Hannibal doctrine").

A hundred potential incidents to investigate could absolutely qualify as someone saying there are an "immense number", while still only representing a tiny fraction of victims compared to the numbers we know for certain were killed by Hamas.

I honestly think that if your case hinges on the specific phrasing used to describe what someone from the IDF said, and which doesn't even necessarily prove anything - then your case is incredibly weak. This could've been a translation error (I couldn't find the original Hebrew version of this article), this could've been the reporter slightly exaggerating what they heard (even unknowingly), etc.

Do you have any other sources except for this? I'd love to see them.

Though again, let's be clear - there are already hundreds (possibly over a thousand?) known victims of Hamas that are verified. There might be some friendly-fire incidents too, but there are an incredibly large number that are absolutely known to have been killed by Hamas, many of which were captured on video by Hamas itself!

Trying to claim otherwise is just completely ignoring all real evidence in favor of conspiracy.

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17. wahnfrieden ◴[] No.39160027{4}[source]
EDIT: More Israeli-source/Israeli-reported evidence below (excluding any non-Israeli analysis of evidence)

I just want to note one detail

> The "immense and complex quantity" statement here refers to why the army says it's morally sound to investigate the incidents.

The IDF says it is *not* morally sound to investigate the incidents

They have released their own data (without allowing third party investigation) on friendly fire for invasions after Oct 7, which they claim is 20% of casualties. They have not released evidence and refuse investigation of the casualties resulting from the "immense quantity" of "friendly fire" incidents on Oct 7.

> Almost a fifth of Israeli soldiers who died in Gaza were killed due to friendly fire, according to data released by the Israeli military, Israeli Ynet News reported on 12 December.

There is also IDF reporting on the use of helicopters:

> “The pilots realized that there was tremendous difficulty in distinguishing within the occupied outposts and settlements who was a terrorist and who was a soldier or civilian … The frequency of fire at the thousands of terrorists was enormous at the start, and only at a certain point did the pilots begin to slow their attacks and carefully choose the targets,” Israel’s Ynet reported last month, citing an Israeli air force investigation.

> “Shoot at everything,” one squadron leader reportedly told his men.

> A separate report published in Haaretz noted that the Israeli military was “compelled to request an aerial strike” against its own facility inside the Erez Crossing to Gaza “in order to repulse the terrorists” who had seized control. That base was filled with Israeli Civil Administration officers and soldiers at the time.

> According to Haaretz, the army was only able to restore control over Be’eri after admittedly “shelling” the homes of Israelis who had been taken captive. “The price was terrible: at least 112 Be’eri residents were killed,” the paper chronicled.

> Pilots have told Israeli media they scrambled to the battlefield without any intelligence, unable to differentiate between Hamas fighters and Israeli noncombatants, and yet determined to “empty the belly” of their war machines. “I find myself in a dilemma as to what to shoot at, because there are so many of them,” one Apache pilot commented.

And some Israeli witness accounts:

> An Israeli woman named Yasmin Porat confirmed in an interview with Israel Radio that the military “undoubtedly” killed numerous Israeli noncombatants during gun battles with Hamas militants on October 7. “They eliminated everyone, including the hostages,” she stated, referring to Israeli special forces.

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18. edanm ◴[] No.39160091{3}[source]
> It is absolutely not "true both legally and morally." It all depends on scale and purpose of the operation.

Well I wasn't making a general statement - I was talking in this specific case.

Let's give an analogy - if a bunch of bank robbers have taken hostages and are threatening to kill them, and if the police is reasonably certain there is no way of actually getting them out - the police is morally justified in sending in SWAT to try and rescue as many hostages as possible. Even if they know that many hostages will die.

The moral fault is with the bank robbers, not the police.

> If [I]sraeli military acted with disregard to the lives of non combatants, that would account to war crimes, against their own population.

I think that's a totally valid internal matter for debate within Israel. Should this kind of doctrine be the rule? Is it appropriate to attempt to stop militants by any means necessary, including possibly at the cost of your own population? This is in the same vein as "we don't negotiate with terrorists", a principled position that theoretically cuts down on terror, but that has brutal immediate ramaficiations in specific cases.

That all said, I don't think this doctrine amounts to war crimes (I'm not sure how it possibly could amount to war crimes). And I think it's an internal matter for debate inside the country, but don't really see how it matters to anyone else.

In fact, it kind of proves the opposite of what many people think - that the IDF is specifically trying to kill Gazan civilians. I'm often asked "what would the IDF do if the innocent civilians around a Hamas militant were Jews, not Palestinians, would you still bomb them even though it might cause collateral damage?". And while I think that question has a lot of answers, I think the "Hannibal directive", if implemented on October 7th (as appears likely), is actually proof that the IDF acts consistently, if terribly brutally - civilians are sometimes collateral damage, even if they're Israelis.

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19. edanm ◴[] No.39160220{5}[source]
> The IDF says it is not morally sound to investigate the incidents

Yes, sorry, of course, I miswrote that. (I edited the comment.)

> They have released their own data (without allowing third party investigation) on friendly fire for invasions after Oct 7, which they claim is 20% of casualties. They have not released evidence and refuse investigation of the casualties resulting from the "immense quantity" of "friendly fire" incidents on Oct 7.

Again, I can understand that - since people have been insisting on propping up insane conspiracy theories that Hamas didn't actually do anything bad on October 7th. Ultimately I think it's a mistake, and not one that will be relevant anyway - investigations can happen one way or another. (Again, free press, free speech and all that.)

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20. wahnfrieden ◴[] No.39160627{6}[source]
They’ve by policy excluded press access to these environments to an unusual degree, besides murdering at least 83 journalists within Gaza, so I’m less certain that resulting press coverage will result in establishing real consensus truth

I added more of the Israeli-reported evidence above that you're welcome to dig into

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21. runarberg ◴[] No.39161327{4}[source]
I have a question about your analogy: How is the police so certain that the bank robbers won’t release the hostages with negotiations? Should we trust the judgement of the police?

I think the answer to these questions are: “We don’t known” and “No”. We should indeed scrutinize the police judgement, and if the SWAT team goes in guns blazing killing some of the hostages in the cross fire, we should question that decision. As is often done in countries with free press.

I don’t think that “we don’t negotiate with terrorists” is an actual policy by any country. Even the USA frequently negotiates the release of hostages of terrorists. In fact not negotiating seems like a horrible policy which only serves to maximize unnecessary suffering. It may be a good policy if you believe that the lives of the hostages is worth less then the blood of terrorists, or if you are actively trying to spew hatred towards terrorists among your electorate.

I think the latter reason is true of Israel’s government. They are actively trying to maximize the perceived threat of Hamas, and don’t mind Palestinians as a group being dehumanized in the process. In the eyes of the Israeli government, the lives of the hostages are worth the cost as long as the perceived threat level increases. Their end goal is to justify annexation in the best case scenario or ethnic cleansing or genocide in the worst.

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22. edanm ◴[] No.39163237{5}[source]
> We should indeed scrutinize the police judgement, and if the SWAT team goes in guns blazing killing some of the hostages in the cross fire, we should question that decision. As is often done in countries with free press.

Absolutely. I'm not against scrutinizing anything. Like I said about this specific case - the people most aggrieved and most understanding of the situation is Israelis themselves, since we're talking about cases where Israeli citizens were killed while trying to kill militants. It's absolutely something the Israeli press should explore and something that the Israeli public should and will hold the military accountable for.

It is not, however, something that should be used to "score points against the IDF" or whatever- if the affected citizens themselves are not against the way this was handled, a third party using it as some kind of way to show that "the IDF is evil" or whatever is a bit silly (and, btw, insulting).

Nor is this something that should be used to conclude that "actually, Hamas didn't really kill so many people" - which is clearly false based on vast troves of reports of people killed by Hamas, much of them filmed.

---

In this case, bitter experience shows that Hamas doesn't release captured citizens without horrible costs - last time, for one soldier, Israel released 1,027 prisoners, including the person who just masterminded the October 7th attack. This time, 100 hostages were eventually released for a much more favorable-to-Israel exchange, and in exchange for a pause in the fighting - which some people take as a sign that the fighting pressured Hamas into accepting this deal.

> I don’t think that “we don’t negotiate with terrorists” is an actual policy by any country.

It is - though it's complicated, many European countries do in fact negotiate, the US less often. I've heard reports that it isn't clear which policy is actually better in terms of number of captured civilians.

Quoting Wikipedia: https://en.wikipedia.org/wiki/Government_negotiation_with_te...

> On June 18, 2013, G8 leaders signed an agreement against paying ransoms to terrorists.[1] However, most Western states have violated this policy on certain occasions [...] These payments were made almost exclusively by European governments, which funneled the money through a network of proxies, sometimes masking it as development aid

> Some Western countries, such as the United States, Canada, and Britain, tend to not negotiate or pay ransoms to terrorists. Others, such as France, Germany, Italy, and Switzerland are more open to negotiation. This is a source of tension between governments with opposing policies.

> In fact not negotiating seems like a horrible policy which only serves to maximize unnecessary suffering. It may be a good policy if you believe that the lives of the hostages is worth less then the blood of terrorists, or if you are actively trying to spew hatred towards terrorists among your electorate.

That's not the point at all! The point is to make it so that capturing hostages is meaningless - disincentivizing doing it in the future.

Many people in Israel warned, when deciding about that 1k-priosners-for-1-Israeli-soldier deal, that it would cause Hamas to really put effort into kidnapping more Israelis. Well - it happened - and a lot of people consider this proof that that previous deal was a "mistake".

> [Israel's government is] actively trying to maximize the perceived threat of Hamas, and don’t mind Palestinians as a group being dehumanized in the process. In the eyes of the Israeli government, the lives of the hostages are worth the cost as long as the perceived threat level increases. Their end goal is to justify annexation in the best case scenario or ethnic cleansing or genocide in the worst.

You're talking about this as if it were a coherent response calculated to benefit the government. The decision to shoot at fleeing terrorists was probably made under incredible duress, possibly by field commanders and not the government (I'm not sure), while Israel was experiencing the worst attack in 50 years, possibly since its founding. There was no way of knowing if this was the opening salvo of a much broader attack that would've strained Israel much farther than ended up happening.

Whatever you think of this government aside, these specific decisions were almost certainly not made in a calculated way to "justify annexation". (And I very much dislike this government, to put it mildly.)

It is a complete misunderstanding of the situation to think that the government needed to make the threat of Hamas seem larger at the expense of Israeli citizens.

23. weatherlite ◴[] No.39163399{9}[source]
There's lots of proofs of misfires, hospital incident aside Hamas and Islamic Jihad rockets are in many cases low quality and disintegrate in the air or just miss completely and land in Gaza. I'm sure you can find articles about it if you wanted to look.
24. jakupovic ◴[] No.39164136{4}[source]
Wow
25. SpaceGlow ◴[] No.39185736{7}[source]
This idea stems from lack of familiarity with Israeli society.

Israel is a small country with very few degrees of separation between people.

The communities attacked are highly organized, hate the current government,somewhat critical of the establishment, and closely connected to the highest ranks in the IDF. Including some generals. And also connected to many of the fighters who were there on the ground.

There is absolutely zero chance that the army would kill many people and that it would be kept hidden from the families and the public in large.

Also, Hamas was not merely taking hostages, but spraying people with bullets and setting houses on fire with families in them. So your SWAT team dillema means nothing, as the army had no other option other then engaging with the enemy as fast as possible. The fact that in many places special forces were indeed sent to carefuly deal with hostage situations is being criticised as it may have wasted time in which the Hamas was killing more people, and people who were trapped in their homes got choked or burned.

The better strategy may have been to charge at the terrorists, as their numbers and whereabouts were unknown and while some were holding hostages others were still moving around in cars or by foot looking for hostages to take or victims to kill.

The only confirmed friendly fire case during October 7 that I personally read about was a tank that entered into a fire exchange with Hamas hostage takers.

40 terrorists and 15 hostages were surrounded in a house at Be'eri, Firing at IDF and police forces that surrounded the house.

After a failed negotiation in which the Hamas commander alone surrenderd with one hostage, fighting resumed.

The Hamas members were firing with guns and RPGs at the tank and nearby forces.

The Tank fired two shells at the house killing the terrorists and all but 1 of the remaining hostages.

This is the Hebrew wikipedia page about the battle. https://he.wikipedia.org/wiki/%D7%A4%D7%A8%D7%A9%D7%AA_%D7%9...