November 11, 2021
CENTER FOR ETHICS AND THE RULE OF LAW
Techniques involving perfidy are forbidden under international humanitarian law in warfighting. Undercover operations in intelligence and law enforcement, however, are routine. These may involve the use of disguises and trickery which would not be permissible in armed combat. The war in Gaza and its spillover effect in the West Bank have raised complexities about the context in which intelligence and/or military operations are taking place. For example, earlier this year, Israeli special security forces raided a hospital in the West Bank, killing three Palestinian men with ties to militant groups, including Hamas. Footage from the hospital indicates that undercover Israeli security forces disguised themselves as civilians and medical staff, raising questions under international law about the legality of the operation. Was this operation subject to the restrictions on perfidy applicable to the conduct of hostilities? If so, how would the mission for the operation influence assessment of the situation? And what about the many Hamas operatives currently detained by Israel? Might they face accountability for failing to wear distinctive uniforms during hostilities in Gaza? Speakers include Professor Geoffrey S. Corn and Dr. Ido Rosenzweig. Moderated by Prof. Claire Finkelstein
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