Response to the NYT’s Investigation on the IDF’s Rules of Engagemen

Since October 7th, 2023 the IDF has been operating against Hamas to dismantle its military structure to remove the threat it poses to Israel, while simultaneously working to return the Israeli hostages. Every operational strike or action is mandated by IDF directives, which instruct commanders to apply the basic rules of LOAC, particularly distinction, proportionality, and precautions. These directives, as well as any additional regulation, do not substitute the duty to adhere to LOAC but rather supplement and further restrict the expected outcome of any given action due to various policy considerations. Exceptional incidents are subject to lessons-learned processes and are thoroughly examined and addressed by the appropriate enforcement mechanisms. The IDF remains committed to the rule of law and will continue to operate in accordance with LOAC.
Response to Additional Claims
On October 7th 2023, approximately 3,000 militants from Hamas and other armed groups, as well as civilians from Gaza, invaded Israel by land, air, and sea. At the same time, almost 3000 rockets were fired at Israel in just a few hours, putting more than 50% of Israel’s population under fire. What followed on that day was a carnage of violence, destruction, sexual assaults, and abduction on a shocking scale. More than 250 people were taken hostage from their homes, 100 of which remain in Hamas captivity in Gaza to this day – in inhumane conditions, including physical abuse, torture, and sexual abuse.
The threat faced by the limited IDF forces caught by surprise on October 7th was insurmountable. It required forceful and decisive action to effectively confront the mass invasion and constant barrages of rockets and mortars launched at Israeli territory.
In the days that followed, Hamas attempted to expand its attack on Israel. Since then, Hamas has consistently continued to attack Israel by various means, firing more than 13 thousand rockets toward Israel. The IDF has been operating against Hamas to dismantle its military structure, while simultaneously working to return the Israeli hostages.
The operational reality during the invasion and the days that followed was such that required the striking of thousands of military objectives and combatants.
The actions that were taken in this context and following it, while massive in scale, were all mandated by IDF directives and executed accordingly. These Directives consistently instruct commanders, regardless of the operational circumstances, to apply the basic rules of LOAC, particularly distinction, proportionality, and precautions in attack, in every operational strike or action. These directives, as well as any additional regulation, do not substitute the duty to adhere to LOAC but rather supplement and further restrict the expected outcome of any given action due to various policy considerations.
The current conflict is unprecedented and hardly comparable to other theatres of hostilities worldwide. A few distinguishable factors in this sense are, among others:
The overwhelming and imminent threat posed by Hamas to the citizens of Israel which culminated in one of the most violent and destructive terrorist attacks in history;
The urgent necessity of the IDF to repel the massive invasion of thousands of terrorists into the Israeli villages;
The unprecedented intermingling of Hamas within the civilian infrastructure, as has been demonstrated countless times; and
The extremely intricate and widespread array of tunnels covering the Gaza Strip, unimagined and unheard of in any previous theatre of operations.
Such key factors bear implications on the application of the rules, such as the choice of military objectives and the operational constraints that dictate the conduct of hostilities, including the ability to take feasible precautions in strikes and the assessment of the concrete and direct military advantage anticipated from each strike.
As clearly stated in the past, both publicly and in response to NYT queries, despite these extraordinary challenges, the IDF has consistently been employing means and methods that adhere to the rules of law, whether it be the choice of munitions or the use of digital technologies to support this effort.
The IDF remains committed to the rule of law. Exceptional incidents are subject to lessons-learned processes and are thoroughly examined and addressed accordingly by the appropriate enforcement mechanisms, and may lead the relevant cases to command, disciplinary, or criminal measures.