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High death toll does not mean Israel’s violating international law

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From the MacDonald Laurier Institute

By Sarah Teich and Brian L. Cox

Many critics of Israel seem to be operating under a misunderstanding of the law of armed conflict.

The seven-day truce between Israel and Hamas ended on Dec. 1. Since the fighting resumed, calls to keep Israel accountable to international law have been intensifying, including, most recently, from Foreign Affairs Minister Mélanie Joly, who said that Canada will “support any form of accountability systems … at the international level that will look into” Israel’s conduct. On Tuesday, Canada voted for a ceasefire in Gaza at the United Nations, which will likely further embolden critics of Israel’s military operations.

Critics stand ready to lambaste Israeli military forces for the destruction of civilian infrastructure and civilian deaths, even accusing Israel of war crimes and genocide. Yet these criticisms often involve a distortion of the facts and a distortion of the law.

Oct. 7 was the single most brutal massacre against Jewish people since the Holocaust. The images and videos of the massacre are horrific. Women were paraded half-naked through the streets of Gaza; babies were ripped from the arms of their mothers and burned alive; elderly Holocaust survivors were terrorized and abducted. Approximately 1,200 people were killed and over 200 taken hostage in attacks orchestrated and carried out by Hamas, a recognized terrorist organization that receives funding and training from the Islamic Republic of Iran.

In the weeks that followed, and as Hamas continued to launch rockets indiscriminately at Israeli cities, Israeli forces initiated extensive ground, air and sea operations in Gaza, with the aim of dismantling Hamas and retrieving the hostages. These goals are, presumably, incredibly difficult for Israeli forces to achieve without risking harm to civilians, given that Hamas is known to use Palestinian civilians as human shields. Deaths in Gaza, according to local authorities, have surpassed 18,000.

There is a general prohibition on the use of force in international law. Unprovoked wars of aggression are illegal. States are, however, generally permitted to use force when acting in self-defence and with necessary, proportionate objectives. It is apparent that, following Hamas’s attack on Oct. 7 and continued indiscriminate rocket fire at Israel, Israel’s goal of dismantling Hamas and retrieving hostages would be considered necessary and proportionate objectives justifying the use of force. These strategic objectives comply with jus ad bellum, the body of law that governs when force may be initiated.

International humanitarian law, or jus in bello, governs the conduct of armed hostilities, even in the context of a lawful war. This is the law of war, or the law of armed conflict, and it applies to all parties to a conflict. Under the law of armed conflict (LOAC), the proportionality rule prohibits engaging in an attack “when the expected incidental loss of civilian life, injury to civilians or damage to civilian objects would be excessive in relation to the concrete and direct military advantage that is anticipated from the attack.”

Credibly determining that a violation of the LOAC proportionality rule has been committed requires evidence of the incidental harm anticipated and the military advantage expected at the time by those responsible for planning or conducting the attack. This assessment is difficult — if not impossible — to accomplish reliably based only on information available in the public domain.

Many critics of Israel seem to be operating under a misunderstanding of the law of armed conflict. As summarized by Charles Kels, senior attorney for the United States Department of Homeland Security and a judge advocate in the U.S. Air Force Reserve, there is a disturbing trend wherein academics and others conflate jus ad bellum and jus in bello.

What those who make this mistake are saying, writes Kels, “is that even if a state is acting in self-defence with a lawful objective, and even if their forces abide by (the laws of war) in military operations, they still have a legal obligation to stop fighting if civilian casualties are too high.” This is not the law, nor should it be.

The death toll in Gaza cannot be taken lightly. However, the magnitude of civilian harm alone is not a reliable indicator of compliance with international law. The fact that Hamas embeds itself within civilian populations, and actively prevents civilians from leaving dangerous areas, likely needlessly heightens the death toll.

International law prohibits deliberately making civilians the object of attack. Israel has committed publicly to complying with international law throughout this operation, just as it has done in the past. In contrast, Hamas has targeted, and continues to target, Israeli civilians with indiscriminate attacks. Hamas refuses to release all the hostages it abducted, which constitutes an ongoing serious violation of international law.

Accountability for atrocity crimes is something that should be encouraged, across the board. However, efforts should focus on the most likely perpetrators and the most egregious crimes. Hamas can and should be held accountable for its ongoing crimes against Israelis and Palestinians, and Israel should be supported as it defends itself in accordance with the law.

Sarah Teich is an international human rights lawyer, a senior fellow at the Macdonald-Laurier Institute and a legal advisor to Secure Canada. Brian L. Cox is a visiting scholar at University of Ottawa School of Law, a lecturer at Cornell Law School and a retired U.S. Army military lawyer.

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Trump makes impact on G7 before he makes his exit

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Trump Rips Into Obama and Trudeau at G7 for a “Very Big Mistake” on Russia

At the G7 in Canada, President Trump didn’t just speak—he delivered a headline-making indictment.

Standing alongside Canada’s Prime Minister, he directly blasted Barack Obama and Justin Trudeau, accusing them of committing a “very big mistake” by booting Russia out of the G8. He warned that this move didn’t deter conflict—it unleashed it, and he insists it paved the way for the war in Ukraine.

Before the working sessions began, the two leaders fielded questions. The first topic: the ongoing trade negotiations between the U.S. and Canada. Trump didn’t hesitate to point out that the issue wasn’t personal—it was philosophical.

“It’s not so much holding up. I think we have different concepts,” Trump said. “I have a tariff concept, Mark [Carney] has a different concept, which is something that some people like.”

He made it clear that he prefers a more straightforward approach. “I’ve always been a tariff person. It’s simple, it’s easy, it’s precise and it just goes very quickly.”

Carney, he added, favors a more intricate framework—“also very good,” Trump said. The goal now, according to Trump, is to examine both strategies and find a path forward. “We’re going to look at both and we’re going to come out with something hopefully.”

When asked whether a deal could be finalized in a matter of days or weeks, Trump didn’t overpromise, but he left the door open. “It’s achievable but both parties have to agree.”

Then the conversation took an unexpected turn.

Trump went off script and straight to one of the most explosive foreign policy critiques of the day. Without any prompting, he shifted from trade to Russia’s removal from the G8, calling it one of the most consequential mistakes in recent memory.

Standing next to Canada’s Prime Minister, whose predecessor helped lead that push, Trump argued that isolating Moscow may have backfired. “The G7 used to be the G8,” he said, pointing to the moment Russia was kicked out.

He didn’t hold back. “Barack Obama and a person named Trudeau didn’t want to have Russia in, and I would say that was a mistake because I think you wouldn’t have a war right now if you had Russia in.”

This wasn’t just a jab at past leaders. Trump was drawing a direct line from that decision to the war in Ukraine. According to him, expelling Russia took away any real chance at diplomacy before things spiraled.

“They threw Russia out, which I claimed was a very big mistake even though I wasn’t in politics then, I was loud about it.” For Trump, diplomacy doesn’t mean agreement—it means keeping adversaries close enough to negotiate.

“It was a mistake in that you spent so much time talking about Russia, but he’s no longer at the table. It makes life more complicated. You wouldn’t have had the war.”

Then he made it personal. Trump compared two timelines—one with him in office, and one without. “You wouldn’t have a war right now if Trump were president four years ago,” he said. “But it didn’t work out that way.”

Before reporters could even process Trump’s comments on Russia, he shifted gears again—this time turning to Iran.

Asked whether there had been any signs that Tehran wanted to step back from confrontation, Trump didn’t hesitate. “Yeah,” he said. “They’d like to talk.”

The admission was short but revealing. For the first time publicly, Trump confirmed that Iran had signaled interest in easing tensions. But he made it clear they may have waited too long.

“They should have done that before,” he said, referencing a missed 60-day negotiation window. “On the 61st day I said we don’t have a deal.”

Even so, he acknowledged that both sides remain under pressure. “They have to make a deal and it’s painful for both parties but I would say Iran is not winning this war.”

Then came the warning, delivered with unmistakable urgency. “They should talk and they should talk IMMEDIATELY before it’s too late.”

Eventually, the conversation turned back to domestic issues: specifically, immigration and crime.

He confirmed he’s directing ICE to focus its efforts on sanctuary cities, which he accused of protecting violent criminals for political purposes.

He pointed directly at major Democrat-led cities, saying the worst problems are concentrated in deep blue urban centers. “I look at New York, I look at Chicago. I mean you got a really bad governor in Chicago and a bad mayor, but the governor is probably the worst in the country, Pritzker.”

And he didn’t stop there. “I look at how that city has been overrun by criminals and New York and L.A., look at L.A. Those people weren’t from L.A. They weren’t from California most of those people. Many of those people.”

According to Trump, the crime surge isn’t just a local failure—it’s a direct consequence of what he called a border catastrophe under President Biden. “Biden allowed 21 million people to come into our country. Of that, vast numbers of those people were murderers, killers, people from gangs, people from jails. They emptied their jails into the U.S. Most of those people are in the cities.”

“All blue cities. All Democrat-run cities.”

He closed with a vow—one aimed squarely at the ballot box. Trump said he’ll do everything in his power to stop Democrats from using illegal immigration to influence elections.

“They think they’re going to use them to vote. It’s not going to happen.”

Just as the press corps seemed ready for more, Prime Minister Carney stepped in.

The momentum had clearly shifted toward Trump, and Carney recognized it. With a calm smile and hands slightly raised, he moved to wrap things up.

“If you don’t mind, I’m going to exercise my role, if you will, as the G7 Chair,” he said. “Since we have a few more minutes with the president and his team. And then we actually have to start the meeting to address these big issues, so…”

Trump didn’t object. He didn’t have to.

By then, the damage (or the impact) had already been done. He had steered the conversation, dropped one headline after another, and reshaped the narrative before the summit even began.

By the time Carney tried to regain control, it was already too late.

Wherever Trump goes, he doesn’t just attend the event—he becomes the event.

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conflict

Trump: ‘We’ have control over Iranian airspace; know where Khomeini is hiding

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From The Center Square

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President Donald Trump broke from a meeting with his national security team Tuesday to share a series of social media posts signaling trouble for Iran.

The president announced control over Iranian airspace and knowledge of where Ayatollah Khomeini, Iran’s supreme leader, is being held while also calling for an “unconditional surrender.”

Trump claims Khomeini is “safe” for now but wouldn’t rule out killing the leader.

“We know exactly where the so-called ‘Supreme Leader’ is hiding. He is an easy target, but is safe there – We are not going to take him out (kill!), at least not for now. But we don’t want missiles shot at civilians or American soldiers. Our patience is wearing thin. Thank you for your attention to this matter!” Trump posted on Truth Social.

Israel has conducted five days of bombings inside of Iran an an attempt to destroy facilities housing its nuclear program and other military infrastructure. Iran has retaliated, bombing Israel, including civilian locations.

Before the president’s post on the Iranian leader’s whereabouts, he touted complete control over Iranian airspace.

“We have complete and total control of the skies over Iran. Iran had good sky trackers and other defensive equipment, and plenty of it, but it doesn’t compare to American made, conceived, and manufactured ‘stuff.’ Nobody does it better than the good ol’ USA,” Trump posted.

It is unclear if the president was referring to U.S., Israeli, or a combination when talking about “we.”

Achieving control over Iranian airspace could be key to any U.S. involvement in carrying out missions to eliminate nuclear capabilities inside the Islamic Republic.

The Iranian Fordow nuclear site, located deep below a mountain, may only be penetrated by a Massive Ordinance Penetrator, also called a bunker buster. Currently, Israel is not equipped with a bunker buster and a B-2 bomber used to drop the explosive device.

The posts come as Trump swiftly returned to the White House early Tuesday morning, ahead of schedule, from the G7 summit in Alberta, Canada.

Upon returning to the White House early Tuesday, the president said he would head to the situation room. He argued that returning to the White House allowed him to learn more.

Trump told reporters onboard Air Force One earlier Tuesday that he wasn’t looking for a ceasefire but is seeking “a real end” with the Islamic Republic “giving up entirely” on their nuclear weapons program.

The president underscored previous comments regarding Iran not having nuclear weapons.

“Iran cannot have a nuclear weapon. It’s very simple – you don’t have to go too deep into it. They just can’t have a nuclear weapon,” Trump told reporters.

“I’m not too much in the mood to negotiate [with Iran],” Trump told reporters. “An end, a real end, not a ceasefire, real end.”

Trump posted an ominous message to Iran and its people Monday afternoon, warning them to evacuate.

“Iran should have signed the ‘deal’ I told them to sign. What a shame, and waste of human life. Simply stated, IRAN CAN NOT HAVE A NUCLEAR WEAPON. I said it over and over again! Everyone should immediately evacuate Tehran!” the president posted to Truth Social.

He followed the warning with another post, reiterating that Iran should not have nuclear weapons.

“AMERICA FIRST means many GREAT things, including the fact that, IRAN CAN NOT HAVE A NUCLEAR WEAPON. MAKE AMERICA GREAT AGAIN!!!” he posted later.

As the conflict enters the fifth day of fighting, Israel Defense Forces announced that it had “eliminated” another top Iranian military commander.

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