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Research

IDF Civilian-Harm Mitigation Practices and Their Limits

There are two shallow ways to describe Israel's conduct in Gaza: to say the IDF takes no precautions at all, or to say warnings and legal advisers prove the campaign was lawful. The public record is more serious than either slogan.

There are two bad ways to talk about Israel’s civilian-harm practices in Gaza. One is to claim the IDF takes no precautions at all. The other is to treat the existence of warnings, lawyers, and internal reviews as proof that a campaign with immense civilian death and destruction must therefore have been lawful. The public record is more serious than either slogan.

What can be said responsibly is that Israel uses a real set of mitigation tools: warnings, evacuation notices, route announcements, legal review, and after-action investigations. It is also true that those tools have sometimes failed badly, and that warnings do not by themselves solve the legal or moral problems of fighting in a sealed, devastated urban battlespace.

What the law requires

The ICRC’s handbook on military operations sets out the core rule plainly: parties must take all feasible precautions to avoid or minimize incidental harm to civilians, including effective advance warnings when civilians may be affected, unless the tactical situation does not permit. The same framework also stresses target verification, proportionality analysis, weapon and timing choices, and the duty to choose the available option that poses the least danger to civilians and civilian objects.1

That is the baseline against which Israeli practice should be judged. Warnings matter, but they are only one part of a broader precaution obligation.

What Israel is documented as doing

The best public legal description of Israeli warning practice remains Michael Schmitt’s October 2023 analysis for the Lieber Institute at West Point. He notes that the duty to warn is a customary rule of armed conflict and that the IDF has long used multiple forms of warning in Gaza, including phone calls, text messages, leaflets, radio and television messaging, social-media notices, and, in some cases, “roof knocking.” He also notes that Israel has often gone further in warning practice than many militaries do, at least at the level of technique.2

Official Israeli wartime releases show the same basic architecture. During the opening months of the 2023 war, the IDF repeatedly announced humanitarian windows and the opening of the Salah al-Din route so civilians could move south. Those notices do not prove that all civilians had a genuinely safe exit, but they do show that a warning-and-movement system existed as an operational matter.34

This matters because it distinguishes two different arguments:

  • whether Israel has any mitigation system at all; and
  • whether that system has been adequate, lawful, and honestly applied in this war.

The first question is easier. The answer is yes.

Why warnings are not enough

The harder question is whether those tools actually protected civilians in practice.

Marc Garlasco’s January 2024 Lawfare review is helpful here because it does not deny that warnings, evacuation orders, and target review exist. Instead, it shows why those measures can still fail. He argues that warnings can become legally and morally thin if civilians have nowhere safe to go, if declared safe zones are later struck, or if the weapons chosen are too large and destructive for dense urban neighborhoods. His point is not that warnings are fake. It is that warnings are not a legal coupon that turns any later strike into a compliant one.5

That is a serious critique and a fair one. International law does not require civilians to leave their homes when warned, and a military still has to account for the civilians who cannot move, will not move, or have been displaced multiple times already.15

A documented failure: the World Central Kitchen strike

The cleanest example of Israeli mitigation failure in this war is the 1 April 2024 strike on the World Central Kitchen convoy.

Israel’s own investigation said the strike on three WCK vehicles should not have happened. The IDF found that the convoy was misidentified, that the vehicles were wrongly classified as containing Hamas operatives, and that the strike was carried out in serious violation of commands and standard operating procedures. Officers were dismissed and reprimanded.6

That official admission matters for two reasons. First, it shows the IDF does have a real fact-finding mechanism and is capable of acknowledging a grave mistake. Second, it proves that the existence of procedures does not prevent catastrophic error. Any serious defense of Israeli civilian-harm mitigation has to own both points at once.

Hospitals, warnings, and misuse

The hospital question is one place where legal nuance matters most. As Schmitt explains, medical facilities are specially protected, but that protection can be lost if they are used for acts harmful to the enemy. Even then, the law expects warning with a reasonable chance to remedy the misuse where circumstances permit.2

That means two propositions can both be true:

  • Hamas’s or PIJ’s military use of hospitals is unlawful and relevant; and
  • Israel still bears a heavy burden when it attacks or besieges hospital complexes.

This is one reason the hospital record remains so contested. Some of Israel’s narrower claims about misuse have outside backing, including U.S. intelligence assessments regarding Al-Shifa. But that does not settle every proportionality, siege, or treatment-of-patients question that followed.7

Bottom line

The defensible position is not “the IDF takes no precautions,” and it is not “the IDF warned people, therefore the campaign is vindicated.” The defensible position is narrower:

Israel operates a real civilian-harm mitigation system, with recognizable warning and review practices. Those practices matter and should be acknowledged. But they have not prevented devastating civilian harm, and in some cases, including the WCK strike, they failed in ways Israel itself has admitted. A credible analysis has to keep both truths in view.

Sources

Footnotes

  1. International Committee of the Red Cross, Handbook on International Rules Governing Military Operations, 2024 edition, icrc.org. 2

  2. Michael N. Schmitt, “Israel-Hamas 2023 Symposium - The IDF, Hamas, and the Duty to Warn,” Lieber Institute West Point, 27 October 2023, lieber.westpoint.edu. 2

  3. IDF, “IDF Forces Operate to Open Salah Al-Din Humanitarian Route For Gazans’ Evacuation,” 4 November 2023, idf.il.

  4. IDF, “IDF has facilitated the reopening of a humanitarian corridor,” November 2023, idf.il.

  5. Marc Garlasco, “Legal Questions Answered and Unanswered in Israel’s Air War in Gaza,” Lawfare, 2 January 2024, lawfaremedia.org. 2

  6. IDF, “Conclusion of the Investigation Into the Incident in Which WCK Employees Were Killed During a Humanitarian Operation in Gaza,” 5 April 2024, idf.il.

  7. Associated Press, “US intel confident militant groups used largest Gaza hospital in campaign against Israel: AP source,” 2 January 2024, apnews.com.