British Colonel: "The IDF Did More to Safeguard Civilians Than Any Other Army"

Col. Richard Kemp, Former Commander British Forces in Afghanistan, spoke at the conference, "Hamas, the Gaza War, and Accountability under International Law," hosted by the Jerusalem Center for Public Affairs.
Col. Kemp reviewed the difficulties of any kind of warfare, but emphasized the challenges faced by Israel when fighting a terrorist organization that purposefully rejects and defies international law.
http://www.jcpa.org


HAMAS, THE GAZA WAR AND ACCOUNTABILITY UNDER INTERNATIONAL LAW
18 June 2009
International Law and Military Operations in Practice
Colonel Richard Kemp CBE

I will examine the practicalities, challenges and difficulties faced by military forces in trying to fight within the provisions of international law against an enemy that deliberately and consistently flouts international law.

I shall focus on counter-insurgency operations from the British and to some extent the American perspective drawing on recent British experience generally and my own personal experience of operating in this environment.

Soldiers from all Western armies, including Israel's and Britain's, are educated in the laws of war.

Commanders are educated to a higher level so that they can enforce the laws among their men, and take them into account during their planning.

Because the battlefield - in any kind of war - is a place of confusion and chaos, of fast-moving action the complexities of the laws of war as they apply to kinetic military operations, are distilled down into rules of engagement.

In the British forces, rules of engagement normally regulate military action to ensure that it remains well within the laws of war giving an additional safety cushion to soldiers against the possibility of war crimes prosecution.

In the most basic form these rules tell you when you can and when you cannot open fire.

In conventional military operations between states the combat is normally simpler and doesn't require complex and restrictive rules of engagement.

Your side wears one type of uniform, the enemy wears another; when you see the enemy's uniform you open fire. Of course there are complexities. The fog of war, sometimes literally fog, but always fog in the sense of chaos and confusion means that mistakes are made. You confuse your own men for the enemy.

The tragedies that have ensued from such chaos and misunderstanding are legion throughout the history of war. We call it blue on blue, friendly fire or fratricide.

And there are other complexities in conventional combat that make apparent simplicity less than simple. Civilians perhaps taking shelter or attempting to flee the battlefield can be mistaken for combatants and have sometimes been shot or blown up.

Enemy forces sometimes adopt the other side's uniforms as a deception or ruse. But in the type of conflict that the Israeli Defence Forces recently fought in Gaza and in Lebanon, and Britain and America are still fighting in Iraq and Afghanistan, these age-old confusions and complexities are made one hundred times worse by the fighting policies and techniques of the enemy.

The insurgents that we have faced, and still face, in these conflicts are all different. Hizballah and Hamas over here, Al Qaida, Jaish al Mahdi and a range of other militant groups in Iraq. Al Qaida, the Taliban and a diversity of associated fighting groups in Afghanistan. They are different but they are linked.

They are linked by the pernicious influence, support and sometimes direction of Iran and/or by the international network of Islamist extremism.

These groups, as well as others, have learnt and continue to learn from each others' successes and failures. Tactics tried and tested on IDF soldiers in Lebanon have also killed British soldiers in Helmand Province and in Basra.

These groups are trained and equipped for warfare fought from within the civilian population.

Do these Islamist fighting groups ignore the international laws of armed conflict? They do not. It would be a grave mistake to conclude that they do. Instead, they study it carefully and they understand it well.

They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses.

Their very modus operandi is built on the, correct, assumption that Western armies will normally abide by the rules.

It is not simply that these insurgents do not adhere to the laws of war. It is that they employ a deliberate policy of operating consistently outside international law. Their entire operational doctrine is founded on this basis....