Even more jarring, according to Herzi Halevi, recently appointed chief of staff of the Israel Defense Forces (IDF). The situation on the ground has reached unprecedented levels of death and destruction, with the death toll in Gaza now exceeding over 200,000 lives lost. Halevi announced his own resignation in March, having led the IDF for 17 months through a short but catastrophic war. He made these comments on a field day with the farmers of Ein HaBesor moshav. His comments have ignited discussions regarding the conduct of military operations and the role of legal advisors in wartime decision-making.
Throughout the meeting, Halevi emphasized that “no one is coasting. This includes his demand that the IDF follow the international humanitarian law. Even now, he implied that Israel should have taken a harsher approach in Gaza prior to the October 7 invasion by Hamas. Those attacks killed 1,192 people lives, including 815 civilians and foreign nationals.
Halevi’s comments suggested the growing overlap between military operations and legal advice. He asserted, “Not once has anyone restricted me. Not once. Not the military AG [advocate general Yifat Tomer-Yerushalmi], who, by the way, hasn’t the authority to restrict me.” This reflects a profound failure to align military aims with legal obligations throughout the war.
His comments comes as violence continues to escalate in Gaza. On Friday alone, Israeli airstrikes in and around Gaza City reportedly killed at least 40 people. Those numbers are consistent with the latest reported by Gaza’s health ministry, which is not able to distinguish between fighters and non-combatants. According to leaked intelligence data from Israel, more than 80 percent of those killed in the ongoing conflict are civilians, not combatants.
Halevi’s successor, Eyal Zamir, allegedly brushed aside legal advice from Tomer-Yerus halmi. This ruling further complicates civil-military decision making in a region fraught with danger. Halevi stressed the importance of military lawyers. Operationally, he recommended that their only real purpose is to allow the IDF to justify civilian casualties to the international community. “There are legal advisers who say: We will know how to defend this legally in the world, and this is very important for the state of Israel,” he stated.
As these conversations go on about how legal advisors have, or should, influence military strategy, experts have weighed in here and here to address the topic. Human rights lawyer Michael Sfard reminded us that commanders often view legal advice as discretionary. They ignore it, when they should be treating it like an ironclad rule for how not to behave. According to Sfard, “The generals see them as ‘regular’ advisers whose advice one can adopt or dismiss, not as professional lawyers whose legal positions present the boundaries of what is permissible and what is prohibited.”
The IDF spokeswoman was asked for comment on Halevi’s statements, but had not responded by Friday evening. As the conflict endures, the implications of Halevi’s remarks may influence public perception and international scrutiny regarding Israel’s military operations in Gaza.