Armed Conflict

The Lawfare Podcast: Comparing Civilian Casualty Tolerance in the Israel-Hamas War to the War Against ISIS with Mark Lattimer

Hyemin Han, Mark Lattimer, Jen Patja
Thursday, November 30, 2023, 8:01 AM
Mark Lattimer discusses his recent article on Israel’s tolerance for civilian deaths

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Israel’s military response to Hamas’s Oct. 7 massacre has raised deep concern from international legal observers and the general public. The IDF’s tactics have been described as “disproportionate,” and not taking sufficient care to avoid killing civilians or damaging civilian infrastructure, as the law of armed conflict requires.

When it comes to incidental casualties in particular, Mark Lattimer, Executive Director of Ceasefire Centre for Civilian Rights, recently argued on Lawfare’s pages that Israel’s tolerance for civilian deaths seems to surpass even that of the U.S. and U.K.’s in the war against ISIS. Lawfare Associate Editor Hyemin Han talked to him about the case study he used to make this point—an analysis of Israel’s decision to carry out airstrikes in the Jabalia Refugee Camp in October. They compared that to what happened in the Battle of Mosul in 2014, and then got into the bigger differences between Israel’s war against Hamas and the war against ISIS. 


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Hyemin Han is a J.D. candidate at Yale Law School. She was previously an associate editor at Lawfare and an eviction defense paralegal in Boston. She holds a BA in government from Dartmouth College.
Mark Lattimer is executive director of Ceasefire Centre for Civilian Rights. His books include "The Grey Zone: Civilian Protection between Human Rights and the Laws of War" (Bloomsbury, 2018).
Jen Patja is the editor of the Lawfare Podcast and Rational Security, and serves as Lawfare’s Director of Audience Engagement. Previously, she was Co-Executive Director of Virginia Civics and Deputy Director of the Center for the Constitution at James Madison's Montpelier, where she worked to deepen public understanding of constitutional democracy and inspire meaningful civic participation.
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