Military experts claim International Criminal Court charges against Israel lack evidence

A group of military experts, known as the High Level Military Group (HLMG), has submitted a report to the International Criminal Court (ICC) challenging allegations of war crimes against the Israel Defense Forces (IDF) in its war against Hamas and other terrorist organizations in the Gaza Strip. It also pushes back against arrest requests for leaders of the Jewish state, such as Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. 

The assessment was made in July, when the HLMG made a visit to Israel, where its members toured IDF headquarters, spoke with senior military commanders, monitored humanitarian aid operations and even entered Gaza. 

In the report, the HLMG, which is composed of former chiefs of staff and senior military officers from North Atlantic Treaty Organization (NATO) countries, argues that the allegations are not supported by the evidence, so such charges and arrest warrants against Israeli leaders could have dangerous implications for future military operations by democratic countries involved in conflicts.

Is Israel causing famine in Gaza?

The HLMG paper stresses that, following a direct assessment of Israeli operations in Gaza, no evidence was found that the IDF adopted a deliberate strategy of starvation against the civilian population, one of the main accusations facing Israel. Instead, experts stress the considerable efforts made by Israeli forces to coordinate the entry of humanitarian aid into Gaza, despite the logistical and security challenges in an extremely complex urban combat environment.

The HLMG notes that its members visited two crossing sites on the Israel-Gaza border that were attacked by Hamas on Oct. 7 and on other occasions. At one of them, the Erez site, the IDF established two crossing points for vehicles. The group added that roads were found inside Gazan territory that were built by the Israeli military specifically to enable the delivery of aid from different points.

Military experts also state that IDF commanders said and demonstrated that they do not seek to hinder the delivery of humanitarian assistance into Gaza. In fact, HLMG members were able to observe the capabilities of Israeli forces to communicate regularly with international humanitarian organizations to facilitate their work.

The document further clarifies that the experts were briefed on efforts to assist relief efforts by the private sector, which are considerable but often are omitted from U.N. reports. 

The HLMG adds that there have been approximately 16,000 IDF instances of communication with the U.N. and various NGOs inside Gaza since the start of the war, and there were very few incidents where, due to mistakes by Israeli forces in the difficult urban warfare they face, they opened fire on humanitarian convoys. 

Deliberate attacks on civilians?

The HLMG also criticizes allegations of deliberate attacks against civilians by the IDF. According to its report, Hamas has used human shields by building subterranean military infrastructure and locating terrorists among civilians, which has significantly complicated Israeli operations. 

Despite these difficulties, experts claim that the IDF has implemented stringent measures to minimize civilian casualties, such as the use of precision weapons and early warning systems, such as "rooftop hits," which consist of minimal pre-attack impacts to warn civilians to leave an area.

The HLMG argues that while any loss of civilian life is regrettable, the IDF has made significant efforts to minimize such losses, even when this compromised the effectiveness of its counterterrorism offensives.

A dangerous precedent

The report concludes that the IDF has acted in accordance with international law and warns that issuing arrest warrants based on this action could establish a precedent that would hinder future legitimate military operations by other democratic nations.

The HLMG report comes as the ICC is considering allegations against Israel for alleged war crimes in Gaza. The panel's findings could significantly influence the international debate over the legality of Israeli operations and the rules of war in urban conflicts.