Disregarding Reality, Yet Again: The Human Rights Council Commission of Inquiry Report

"The report by the Commission of Inquiry appointed by the UN Human Rights Council to examine the events surrounding Operation Protective Edge was published on June 22, 2015. As expected, the report criticizes Israel, concluding that its military operations violated the laws of armed conflict and expressing concern regarding the possible commission of war crimes.

The report is ... also extremely critical of Israel, and again reflects a clear lack of consideration of the actual realities of warfare, drawing conclusions based on pronouncements that are factually and legally dubious. This approach is problematic for Israel, which will find itself vulnerable to public criticism and perhaps even legal action based on the report's contentions. The report is also worrisome for all other countries engaged in warfare in populated areas against enemies that do not distinguish themselves from the civilian population.

During Operation Protective Edge, the IDF fought against a semi-state organization (Hamas) and other armed groups that employed an intentional strategy of systematic violation of the laws of armed conflict, including indiscriminate firing at Israeli civilians and the use of Palestinian civilians and civilian objects (e.g., schools, hospitals, and mosques) as bases for their military activity.

While the commission's report makes reference to this reality when leveling criticism at the conduct of Hamas, it fails to assign it the appropriate weight when examining Israeli actions. The result is an analysis that examines Israel's actions in a detached and one-sided manner, without relating to the actions of its adversaries...

The misguided and unprofessional analysis of combat actions taken in populated areas is based on erroneous methodology, unrealistic expectations, and standards that exceed those contained in the laws of armed conflict and applied by other military forces in the world. This is potentially detrimental not only to Israel but to the ability of other law abiding countries to confront similar challenges of warfare."