International Law does not say that collateral damage is a war crime. And [citation needed] that it gives the burden to the "more powerful actor" rather than the one who is violating civilian areas by operating from them.
You’re right that collateral damage in itself isn’t automatically a war crime. But it becomes one when it’s disproportionate to the military advantage gained, when civilians are knowingly placed at excessive risk, or when feasible precautions aren’t taken to avoid or minimize that harm. That’s not subjective—that’s codified in international law.
Article 51(5)(b) of Additional Protocol I to the Geneva Conventions defines as indiscriminate those attacks “which may be expected to cause incidental loss of civilian life… excessive in relation to the concrete and direct military advantage anticipated.”
As for the “burden on the more powerful actor”: while IHL doesn’t use that phrase explicitly, the ICRC Commentary and multiple judgments from international tribunals (e.g., ICTY, ICJ) recognize that parties with superior intelligence, precision capabilities, and control are expected to use them. The more capacity you have to distinguish and minimize harm, the greater your responsibility to do so.
In contrast, violations by one party (e.g., using human shields) do not cancel out the obligations of the other. That’s a core principle of IHL: no reciprocity. One side breaking the rules doesn’t allow the other to respond in kind.
So yes—Hamas operating from civilian areas is a war crime. But bombing those areas without meeting the legal thresholds of necessity, distinction, and proportionality is also a war crime. You don’t get to choose which laws apply based on your enemy’s behavior.
And if one side has drones, surveillance, precision-guided weapons, and real-time targeting capacity—and the other has none—then yes, the law expects more from the side that can afford to comply. That’s not bias. That’s the point: power comes with responsibility.
So basically, Hamas should be immune from attacks? That would make their tactics more powerful, and thus they will be used even more frequently. That is not realistic.
No—Hamas is not immune from attack. But the presence of civilians doesn’t erase Israel’s obligations under international law. The choice is not “let Hamas operate freely” or “bomb hospitals and neighborhoods.” That’s a false dilemma—and it’s exactly the kind of framing that gets civilians killed.
International law allows targeting militants even when they hide among civilians—but only if:
- The attack is proportionate (i.e. the civilian harm is not excessive in relation to the concrete military advantage),
- All feasible precautions are taken to avoid or minimize civilian harm,
- And the target is clearly identified as a legitimate military objective.
If striking a Hamas leader in a tunnel beneath a hospital means killing dozens of patients above him, then you’re not stopping Hamas—you’re violating the very laws that distinguish you from them.
And no—upholding that standard doesn’t make Hamas’s tactics “more powerful.” It forces Israel to fight smarter, not deadlier. Precision, intelligence, siege tactics, cyber warfare, special operations—all of those can be deployed without turning civilians into acceptable collateral.
You’re right that Hamas hides behind civilians. That’s the point of their strategy. But if you defeat that strategy by killing the civilians anyway, then you’re not outmaneuvering them—you’re doing their work for them.
The power of law isn’t that it makes war easy. It’s that it demands we fight—even when justified—without losing the humanity we claim to be defending.
If one side gets to break the rules, and that leads to a battlefield advantage (being immune from attack) then how do you defend yourself against them?
You defend yourself by following the law—not because it’s easy, but because abandoning it makes you indistinguishable from what you’re fighting.
The idea that international law gives Hamas “immunity” is a misreading. It doesn’t protect Hamas—it protects civilians. If Hamas embeds among civilians, then yes, it creates a horrible tactical problem. But the solution is not to bomb those civilians and say, “They made us do it.” That’s the logic of terrorism turned inside out.
The law doesn’t say “do nothing.” It says:
- Use intelligence and precision.
- Delay or alter strikes when civilian cost is too high.
- Exhaust non-lethal alternatives where possible.
- Treat civilians as civilians, even when the enemy does not.
If you respond to an enemy hiding among civilians by killing those civilians, you may degrade the enemy—but you also destroy your moral credibility and violate the rules meant to keep warfare within human bounds.
And if your position is that the rules themselves are a liability, then you’re not defending yourself—you’re declaring those rules optional, which means you no longer believe in any standard at all. That’s not justice. That’s vengeance with better branding.
So no—following the law doesn’t make your enemy immune. It makes you accountable. And that’s what separates defense from destruction.
You are ignoring that it is Hamas that collapsed that distinction.
No—I’m not ignoring that Hamas deliberately violates the laws of war. Embedding fighters in civilian areas, using human shields, operating from hospitals—those are all war crimes.
But what you’re ignoring is that their crimes do not erase your responsibility. That’s the entire point of international humanitarian law: it applies regardless of the enemy’s behavior. If Hamas collapses the distinction between civilians and combatants, your obligation is to preserve it—not mirror their violation.
Because once you say, “They collapsed the distinction, so we don’t have to maintain it,” you’ve accepted their rules. You’ve made civilian death a battlefield tactic instead of a line never to be crossed. That’s not moral clarity. That’s surrendering your values in the name of fighting evil.
So no, Hamas didn’t force anyone to bomb refugee camps, flatten neighborhoods, or starve children. Those are strategic choices—and they carry responsibility. If civilians are dying by the thousands, the distinction hasn’t just been collapsed by Hamas. It’s being erased by both sides. And pretending otherwise doesn’t absolve it—it sanitizes it.
It's just funny that somebody tangentially involved is condemned far more than the actual perpetrators.
Also, Lebanon was highly volatile at the time. The president of Lebnon had just been assasinated by the Syrians for example. And the S&S massacre itself was a response to an earlier Damour massacre, perpetrated by the PLO. Why are people so selective in their outrage and only ever mention things that Israel can be blamed for somehow?
Acknowledging the full context of a volatile war doesn’t absolve responsibility—it sharpens it. Yes, Lebanon in 1982 was chaotic. Yes, the PLO had committed atrocities, and the Damour massacre was horrific. But none of that changes the fact that Israel, a foreign occupying power, facilitated the entrance of a known violent militia into a civilian refugee camp it had surrounded and controlled. That’s not “tangential.” That’s operational complicity.
The Israeli Kahan Commission—hardly an anti-Israel body—found that Sharon and other officials bore indirect responsibility for enabling the massacre. Sharon was forced to resign as Defense Minister. That accountability didn’t happen in a vacuum—it happened because responsibility follows power, especially when you control the battlefield.
You ask why people “only ever mention things that Israel can be blamed for.” But that’s not the issue. The issue is holding to the same moral standard you claim to value. When Hamas commits atrocities, you demand total condemnation and accountability. Rightly so. But when Israel enables atrocities, you pivot to whataboutism: “Well, the PLO did worse.”
That’s not justice. That’s deflection.
You want universal standards? Then apply them universally. Because if your outrage depends on who pulled the trigger, not who enabled the massacre, then it’s not about morality—it’s about allegiance.
No, that is not my logic.
Then here’s the question: If that’s not your logic, why do you apply it to Gazans?
You’ve repeatedly argued that because Hamas governs Gaza, and some Gazans support or tolerate them, the entire population must bear the consequences. You’ve justified mass civilian suffering—displacement, bombing, starvation—as the “price” Gaza pays for October 7. That is assigning guilt by association.
But when the same logic is turned around—when we suggest that by your own standard, all Israelis would then bear responsibility for Sharon’s complicity at Sabra and Shatila—you immediately reject it.
So which is it? Do you reject collective blame, or do you only reject it when it applies to your side?
Because if your logic changes depending on who holds the power, who dropped the bomb, or whose civilians are suffering, then this isn’t a moral argument. It’s a tribal one.
And moral standards that only apply to your enemies aren’t moral standards at all.
Tell that to the people like Summer Lee and Cory Booker who are demanding racial reparations. But I digress.
You’re not digressing—you’re dodging.
This isn’t a debate about reparations. It’s about whether entire civilian populations deserve to suffer for the actions of a militant group they don’t control. And invoking a completely separate issue rooted in historic systemic injustice isn’t a rebuttal—it’s a distraction.
You keep avoiding the core point: when it’s your side, you reject collective guilt. But when it’s Palestinians, you rationalize it as strategy. That double standard is precisely what undermines any claim to moral clarity.
So let’s stay on topic: if collective punishment is wrong in principle, it’s wrong in practice—no matter who’s doing it or what justifications are wrapped around it. You don’t get to talk about law, ethics, or justice while defending one set of rules for yourself and another for everyone else.
Tell that to the guy who murdered two embassy staffers over Gaza. Tell that to another guy who tried to firebomb US embassy in Jerusalem.
For that matter, tell that to Houthis who keep shooting missiles at Israeli civilians.
The “we” is humanity. The international community. The people and governments who did not respond to the Sabra and Shatila massacre by declaring every Israeli a valid target or justifying indiscriminate violence in return. Because despite the horror of what happened, and Israel’s documented responsibility for allowing it to happen, collective guilt was not embraced. That’s the point.
No one’s pretending Sabra and Shatila existed in a vacuum. The PLO committed atrocities. Lebanon was a war-torn, factionalized state. But none of that erases the fact that Israel’s military surrounded the camps, controlled access, and allowed the Phalangist militia inside—knowing revenge was likely. The Kahan Commission, Israel’s own official inquiry, found that Israeli officials, including Ariel Sharon, bore indirect but serious responsibility.
So this isn’t about “hating Israel.” It’s about applying the same standard to all parties. You can condemn the PLO’s crimes and still recognize that Israel had a duty to prevent a massacre it enabled. That’s not anti-Israel. That’s called accountability.
And if your only response is to say, “Well, others did worse,” then you’re not defending morality—you’re defending impunity.
The real question remains: if collective guilt is wrong when applied to Israelis—and it is—why do you turn around and apply it to 2.2 million Palestinians in Gaza?
Tell that to the guy who murdered two embassy staffers over Gaza. Tell that to another guy who tried to firebomb US embassy in Jerusalem.
For that matter, tell that to Houthis who keep shooting missiles at Israeli civilians.
You’re pointing to individual acts of violence and terrorism—yes, terrible and inexcusable. But those are individual crimes, and they should be prosecuted as such. They do not justify the collective punishment of 2.2 million people in Gaza, most of whom have never fired a missile, never committed an attack, and many of whom are children.
You can condemn those acts—and you should—without abandoning the basic principle that we don’t treat entire populations as guilty by association. The actions of the Houthi leadership don’t justify bombing Yemeni civilians. The actions of one arsonist don’t justify mass displacement in Gaza.
That’s exactly the point I’ve been making: the civilized world is supposed to reject tribal retribution. When extremists commit violence, we don’t carpet-bomb their cities. When Americans committed war crimes in Iraq, we didn’t say all of Texas should suffer. We distinguish. We hold individuals accountable. Or at least—we’re supposed to.
The fact that some people reject that principle doesn’t give anyone else the right to abandon it. In fact, it makes it more urgent to uphold. Because if the only response to extremism is more indiscriminate violence, then no side is defending justice. They’re just taking turns breaking it.
Again, there is a difference - moral, legal as well as practical - between targeting civilians and civilians tragically coming to harm during urban warfare against an enemy that doesn't give a flying fuck over the wellbeing of ostensibly their own people.
Yes—there is a legal and moral difference between intentionally targeting civilians and causing civilian casualties during attacks on military targets. But that difference doesn’t mean all civilian deaths in war are excusable. You’re treating “we didn’t mean to” as a shield against scrutiny, while thousands of women and children are dead. That’s not how the law—or morality—works.
International law doesn’t just prohibit intentional attacks on civilians. It also prohibits indiscriminate or disproportionate attacks—strikes where the expected civilian harm outweighs the military advantage, or where feasible precautions weren’t taken to avoid killing innocent people.
You say Hamas doesn’t care about its civilians. That’s true—and it’s why Israel has a greater responsibility to uphold the laws of war. The presence of an enemy who violates moral boundaries doesn’t permit you to erase your own.
If a strike knowingly kills 20 civilians to get one militant, that’s not just “collateral damage.” That’s a choice. A strategic choice to accept mass civilian death as operationally tolerable. And when that becomes the norm, the line between deliberate and reckless violence starts to blur.
So yes, intent matters. But so does outcome. And if thousands of civilians are dying and the response is always, “Hamas is to blame,” then that’s not a moral defense—it’s an abdication of responsibility.
If you can't tell the difference between massacring people at a concert or blowing up a pizza restaurant with a suicide bomber on one hand, and targeting a rocket launcher next to some text or Mohammed Sinwar in a tunnel on the other hand, then I really don't know how to explain it to you any more plainly.
I can tell the difference. What I reject is the idea that your side’s intent automatically makes the consequences acceptable. You’re comparing a suicide bombing to a strike on a tunnel or a rocket launcher—as if no further analysis is needed. But here’s the problem:
When those strikes kill dozens of civilians trapped above, when they level homes, flatten refugee camps, or hit humanitarian zones where families were told to shelter—then intent isn’t enough. You can’t call that justice simply because the target was legitimate. You have to ask whether the civilian cost was proportional, whether precautions were taken, whether it could have been avoided. That’s what the law demands. That’s what morality demands.
If a Palestinian kills civilians, it’s rightly called terrorism. But if Israel kills civilians in a way that’s foreseeably excessive or indiscriminate and you defend it by saying, “But there was a militant nearby”—you’re using the presence of a lawful target to excuse an unlawful outcome. That’s not moral clarity. That’s tribal logic.
So yes—there is a difference between a suicide bomber and a precision missile. But if both leave civilians dead in their homes and you only condemn one, then the difference isn’t in the act—it’s in your bias.
I never said that civilians are legitimate targets.
Then here’s the problem: you keep saying civilians aren’t targets—but you defend a strategy that kills them by the thousands, in strikes you call justified because Hamas was nearby. That disconnect is the issue.
You say they’re not legitimate targets, but when homes, hospitals, refugee camps, and aid convoys are bombed—and the response is always “Hamas was using them”—you’re not treating civilian life as protected. You’re treating it as expendable. That’s not precision. That’s permission.
If you truly believe civilians are not targets, then the burden isn’t just not to intend to kill them. It’s to avoid it—to restrain, to delay, to choose another method—even when it’s harder. That’s what distinguishes a military that follows the law from one that uses the law as cover.
Saying “we didn’t mean to kill them” isn’t a defense if the pattern is constant, foreseeable, and devastating. You can’t claim civilians matter while excusing what keeps happening to them. That contradiction is what the world sees—and what accountability demands we confront.
NHC