A Mexican Standoff – Competing Right to Life Obligations for Israel Following October 7th

with Dr. Ido Rosenzweig

Minerva Center for the Rule of Law under Extreme Conditions

March 6, 2024 at 14:15-15:45

Hybrid event: Zoom* and room 1013, Hamadrega building, University of Haifa**

Abstract 

Following the horrific events of October 7th, 2023, the Israeli Government has decided to launch a widespread attack against Hamas and other armed groups in Gaza. The goals of the operation, known as “Iron Swords”, were to restore the safety of the people in Israel by destroying the military and governmental capabilities of Hamas, and the release of the 240 hostages abducted by Hamas on October 7th.

The paper examines the complex interplay of state obligations concerning the right to life in the wake of the Israeli Government’s decision to initiate the operation. By analyzing the multifaceted objectives of this operation – restoring national security, rescuing the hostages, and safeguarding the lives of soldiers – the paper explores the intricate ethical and legal dilemmas faced by Israel in fulfilling these three-way obligations. Drawing upon international law, ethical principles, and real-world examples, it acknowledges that the State’s obligations toward each goal might contradict each other, and offers insights into the delicate balance required to navigate the tensions between protecting citizens, ensuring the safety of hostages, and upholding the well-being of military personnel. Through a comprehensive analysis, the paper contributes to a deeper understanding of the challenges inherent in reconciling competing imperatives in matters of state security and humanitarian concern.

Dr. Ido Rosenzweig is the Director of Research (Belligerencies, Terrorism, and Cyber) and a Research Fellow at the Minerva Center for the Study of Law under Extreme Conditions, at the University of Haifa since 2014. He is a co-founder and Chairperson of ALMA – Association for the Promotion of International Humanitarian Law. He is an international lawyer with both practical and academic expertise in international humanitarian law and international human rights law.

Ido has earned his PhD in international law (2022) at the Hebrew University of Jerusalem. His dissertation titled: The Humanization of Combatants: The Right to Life of Combatants under International law. The PhD was written under the guidance of Prof. Yuval Shany (Hebrew University), and Prof. Noam Lubell (Essex University). For his dissertation Ido has received the Malcolm and Judith Shaw Prize for an outstanding doctoral dissertation in the field of public international law and/or human rights.