
Most New Zealanders are unfamiliar with war and its realities. We are even more unfamiliar with the laws that deal with the conduct of war. This article is a good resource that explains in layperson’s terms a high level introduction to how the laws of war differ from those in times of peace.
Hamas’ murder of six Israeli hostages, including a U.S. citizen, is another reminder not only that Hamas remains a genuine danger to Israel, but that it is among the most immoral, illegal, and barbaric armed groups in the world.
War, by its very nature, is a brutal endeavor. The international law that regulates war justifies significant violence that would otherwise be unlawful in peacetime. It also acknowledges the legality of attacks that kill or injure civilians when it is “incidental” to an attack on a legitimate military target and not excessive in relation to the value of attacking that target—one of the most difficult assessments combat leaders must make when deciding whether to conduct an attack. This law, however, categorically prohibits deliberately attacking civilians to kill them, injure them, or terrorize them. Even launching such attacks, regardless of outcome, is absolutely prohibited.
There is, however, one rule of war that is arguably even more fundamental than protecting civilians from deliberate attack: the obligation to treat humanely any captive or detainee.