Thielbörger gives interview about IHL in Gaza

Professor Thielbörger, Executive Director of the Institute for International Law of Peace and Armed Conflict (IFHV), gave an interview to newspapers by FUNKE Media Group on November 17, 2023. He addressed the legality of (military) actions under international law in the current Israel-Hamas conflict.

When asked about the legality of civilian casualties, he explained that these are common and often unavoidable in armed conflicts, which is recognized by international humanitarian law. Nevertheless, the law provides for certain rules as

"[...] civilian casualties and damage must never be disproportionate to the expected and direct military advantage of the attacking party. This is clearly stipulated by the prohibition of excessive force in international law. Whether this is currently the case can hardly be answered at present, but will have to be assessed when the conflict is resolved."

The interview also delved into the destruction of civilian facilities, including hospitals, by Israel. Thielbörger clarified that, in principle, targeting civilian objects goes against the principle of distinction. However, he acknowledged the complexity when military and civilian categories overlap, emphasizing the need for the attacking party to prove the military use and significant military advantage.

When questioned about the obligation for both sides to spare civilians, Thielbörger stressed the importance of both parties adhering to their obligations.

"It is true that both parties have this obligation. Whether this is the case at the moment cannot be reliably assessed at this time. However, it is clear that Hamas attacks on towns close to the border have often failed to distinguish between military and civilians. In the attack on the music festival, civilians were even deliberately attacked and abducted."

Thielbörger defended the importance of international humanitarian law, stating that despite the immense challenges in armed conflicts, having established rules prevents arbitrary actions. He urged the strengthening of these laws, describing them as one of the last bastions of humanity in times of conflict.

The interview was published in the WAZ, the NRZ, the WP and the WR and excerpts appear amongst others in the Hamburger Abendblatt and the Berliner Morgenpost. It is also available online (e.g., here).