An Eye for an Eye Is Not a Legal Basis to Use Force — Commemorating Oct. 7, 2023 Commentary
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An Eye for an Eye Is Not a Legal Basis to Use Force — Commemorating Oct. 7, 2023

As we mark the one-year anniversary of the horrific October 7 attacks on Israeli civilians, it’s essential to reflect not only on the immediate tragedies of that day, but also on the ensuing conflict that has led to a cycle of escalating violence and suffering. While Israel’s initial retaliation against Hamas may have been lawful under international law, the subsequent actions have strayed into a territory reminiscent of vengeance, resulting in a litany of international crimes, including war crimes and crimes against humanity. The tragic irony is that in seeking retribution, Israel has intentionally perpetuated a cycle of devastation that fundamentally undermines both its security and the values it represents, while also overshadowing the horror of that October day a year ago.

The principle of lawful retaliation in international law grants nations the right to defend themselves against armed attacks. Israel’s response to the brutal assault on its civilians could be framed as a legitimate exercise of this right. However, the subsequent military campaign has increasingly devolved into immense destruction that raises serious ethical and legal questions. Heavy bombardments have led to the obliteration of civilian infrastructure in Gaza — schools, hospitals, homes — transforming a response to aggression into what could be classified as neither lawful nor justifiable action.

As this pattern continues, accusations of mass destruction — an act that could be seen as a new crime against humanity — begin to emerge. Just as Russian President Vladimir Putin’s military strategies in Ukraine have garnered international condemnation for targeting civilian infrastructure as a means of warfare, Israel’s approach now reflects similar tactics of ensuring that civilians bear the brunt of its military objectives. The justification of military necessity cannot blind us to the inhumane impact that such actions have on ordinary lives. The concept of proportionality in warfare is being systematically eroded.

When a government opts to execute a military strategy that systematically dismantles civilian infrastructure, it drifts disturbingly toward a moral abyss. This struggle for vengeance overshadows the original victims of the October 7 massacre, leading not only to an increase in humanitarian crises but also to a failure of collective memory. The mourning for those innocent victims is overshadowed by subsequent atrocities, reducing their tragedy to mere footnotes in a broader narrative of destruction.

The cycle of revenge is a destructive philosophy that treats suffering as fuel for more violence. When one side strikes back with vengeance, it rarely leads to resolution or peace; instead, it perpetuates a spinning wheel of retribution that breeds resentment and further conflict. The continued suffering of civilians in Gaza — innocents who bear no responsibility for the crimes of terrorist organizations like Hamas — should serve as a sobering reminder of the perils of this mindset.

The nature of modern warfare has transformed, with significant implications for how we measure legitimacy in armed conflicts. The rhetoric of retaliation loses its validity when it becomes indistinguishable from acts of aggression. We must collectively reassess our commitments to humanitarian law and demand accountability for violations that shape the lives of millions.

As international observers we carry the obligation to confront this cycle of violence. We must amplify calls for an end to actions that lead to mass destruction while advocating for meaningful dialogue that goes beyond revenge. The world must not only remember October 7, 2023, and the innocent lives that were lost that day, but also recognize the dire human costs that continue to unfold in the wake of violence and vengeance.

While the tragedy of the October 7 massacre ignites emotions, those emotions should catalyze a commitment to justice and reconciliation, not a further descent into inhumanity. We are confronted with a moral imperative: to advocate for a future where acts of mass destruction cease to be viewed as acceptable responses to aggression, and where the humanity of all civilians is protected. Continually cycling through retaliation and revenge assures tragedy. Only through a collective stance for peace and dignity for all under the rule of law can we break this pattern and seek a more just resolution to longstanding conflicts.

Despite the actions of Israel, we must not forget the victims of the massacre perpetrated by Hamas against Israeli citizens of 7 October 2023, as well as those who perished in retaliation in Gaza. An “eye for an eye” is not a valid basis to use of force against civilians.

David M. Crane is the founding chief prosecutor of the UN Special Court for Sierra Leone and founder of the Global Accountability Network. He also assisted in developing doctrine in support of the US Department of Defense Law of War Program.

 

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