The Unforgettable Dilemma: Safeguarding Innocents in Gaza's Turmoil

Mukesh Kapila, a former UN official and Professor Emeritus of Global Health and Humanitarian Affairs at the University of Manchester, shares his personal experience. Initially, he was startled by the sound of bullets, but it took him even longer to process the fact that the presence of the United Nations logo on the vehicle made him a target.

Mukesh Kapila

Mukesh Kapila courteously embarked on a thrilling journey through Sarajevo's notorious "sniper alley," only to face an even more perilous situation. He fearlessly raced towards the hospital, where he selflessly attended to the sick and injured in preparation for their evacuation.

Once more, despite the prominent presence of the Red Cross flag atop the hospital, our windows proved futile in protecting us as they shattered into deadly fragments, claiming multiple lives in close proximity. Although we were not the intended objective, unfortunately, we found ourselves obstructing the path of artillery fire originating from a nearby hilltop.

This marked the beginning of my initiation into the realm of urban warfare during the siege of Sarajevo in the 1990s. Little did I know, this experience would soon be followed by similar encounters in cities scattered across the globe, including Kabul and Kigali, Huambo and Goma.

Amidst the densely populated Gaza, with approximately 2.3 million residents, Israeli bombardment and siege persist in response to Hamas' massacres. The violence extends beyond, with ongoing Russian attacks on Ukrainian cities, exemplified by the near-total devastation of Mariupol. The internal war in Sudan has transformed Khartoum into a horrific nightmare, while gangs in Port-au-Prince have established their own nightmarish existence.

The occurrence of wars in cities is not a recent phenomenon. Jerusalem, according to some estimates, has endured 52 attacks, faced 23 sieges, and has been demolished twice throughout its extensive history. The cities of Britain and Germany experienced extensive destruction during the Second World War, with the infamous Battle of Stalingrad even inspiring cinematic portrayals. The scars of Lebanon's civil war are still visible in the city of Beirut.

Palestinians carry a person wounded in Israeli airstrikes in Khan Younis, Gaza, on October 16.

Fatima Shbair/AP

Modern urban warfare has reached unprecedented levels of destruction due to the fact that more than half of the global population resides in built-up areas. Cities, which account for 80% of the global GDP, play a crucial role in providing essential infrastructure such as energy, water, healthcare, food supply, transport, and communications that sustain urban lifestyles. Consequently, the ability to disrupt, destroy, or exert control over cities has become a focal point in the strategy of warfare.

This is not illegal under the UN Charter but the concept of just war in international law requires protecting non-combatants.

In urban war, fighters and civilians intermingle

In urban conflicts, it is often difficult to distinguish between the frontlines due to the mixing of fighters and civilians. Safeguarding the latter amidst the chaos is a challenging task. Moreover, civilians, be it politicians, strategists, or mere onlookers, can be involved in wars either directly or indirectly.

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In the age of intelligence-driven cyber warfare, the distinction between civilian and combatant becomes blurred. Words hold immense power to incite or mislead, leading to the proliferation of social media warriors.

These individuals, who engage in belligerent acts, do not find themselves on physical frontlines donning military uniforms. Instead, they operate armed drones and release destructive computer viruses from inconspicuous apartments within ordinary communities.

Then there are activists and agitators seeking media attention to rally support or embarrass the enemy in the court of public opinion.

War has changed since the Geneva Conventions 

These modern warriors were unheard of during the establishment of the Geneva Conventions a century ago. In today's conflicts that involve society as a whole, combatants without weapons and uniforms are unlikely to receive the traditional protections outlined in the Geneva Conventions. The current geopolitical divisions prevent the agreement on new conventions.

For example, when Russian missiles target residential areas in Ukraine that may house drone assembly, or when Israeli jets destroy buildings in Gaza that have Hamas tunnels beneath them, the understandable anger over the unintentional killing of innocent people could also be directed towards those who engage in conflicts while hiding among civilians.

Explosive weaponry in metropolitan areas poses a challenge when it comes to regulating the appropriate level of force. While advancements in technology have enhanced targeting accuracy, they have not kept up with the rapid development of highly destructive munitions that can impact larger areas.

These types of explosive weapons were designed for traditional open battlefields and cause ferocious indiscriminate impact when unleashed in built environments.

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LA F.U.E.R.Z.A, a student-led advocacy organization, organized a protest for Palestine on October 10, 2023 at CSU Long Beach. The event saw a procession through the campus, with a majority of participants opting to wear face coverings and abstain from engaging with the media. However, they did take occasional breaks to deliver speeches. (Photo by Brittany Murray/MediaNews Group/Long Beach Press-Telegram via Getty Images)

Opinion: Students and scholars understand the significance of words, which makes this situation deeply disturbing.

This action goes against international humanitarian law and contradicts a political declaration by the UN regarding the use of explosive weapons in areas densely populated with civilians.

However, in a chaotic urban environment with fast-moving targets, the use of overwhelming force to achieve a quicker victory may seem logically compelling, albeit twisted. The goal is to prevent the significantly higher number of casualties that occur in prolonged warfare, particularly in asymmetrical conflicts where groups like Islamic State and Hamas employ prolonged violent attrition tactics with little regard for the rules of war.

Theoretically, surgical strikes can be employed to target military objectives while minimizing damage to the surrounding areas. However, mistakes frequently occur, as demonstrated by incidents such as the bombings of hospitals in Afghanistan and Yemen.

Prosecution of war crimes is a seldom occurrence. Additionally, the question remains as to who is held accountable for these acts. The rarity of countries like Britain and Australia prosecuting their soldiers for misconduct in Iraq and Afghanistan garners significant media attention. The International Criminal Court's pursuit of justice is notoriously sluggish, ultimately making minimal impact on ongoing wars. As a result, impunity prevails.

Meanwhile, humanitarians find themselves caught in the middle. This is partly due to the lack of trust, as the countries providing aid are often the same ones supplying weapons that cause harm. Humanitarian agencies face challenges in maintaining neutrality and impartiality when coerced by one side or the other. Aid is frequently used as a weapon of war, leading to looting and diversion, as seen in Ethiopia and Somalia.

Respected organizations like the International Committee of the Red Cross and UN World Food Program struggle to strike a balance between their strong values and the practical realities on the ground in places like Ukraine, Sudan, and many others. They often face criticism when they compromise in order to reach those in desperate need, as seen in Syria and Libya. This criticism is likely to continue in Gaza if humanitarian pauses and corridors are established.

The central problem of urban warfare lies in the question: what can city dwellers do in such unmanageable situations? There is frequent discussion about resilience, but its effectiveness is constrained when stockpiles cannot endure longer blockades, as Gazans have experienced, and when safe rooms and bunkers are unable to withstand direct assaults, as Israelis have come to learn.

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In 2021, following previous conflicts involving the Al-Aqsa Mosque in Jerusalem, the targeted Israeli air raids on Gaza resulted in the deaths of at least 250 people in Gaza and 13 in Israel over the course of 11 days. Sadly, the recent round of bombardments has surpassed these figures in terms of intensity and the final toll is expected to be even higher. Conducting urban wars is never ideal, but shorter durations are considered more desirable, even though they often result in heavy casualties.

In Gaza, it signifies the desire for success for those who strive for peace externally. It also encourages the residents of Gaza to stand resilient against the extremist Hamas present among them. This supports the just Palestinian cause and ensures Israel's rightful security, benefiting both parties involved.