Photo Credit: Gideon Markowicz/Flash90
Professor Alan Dershowitz

But instead the UN is playing right into the hands of Hamas, by sheltering civilians right next to Hamas fighters, Hamas weapons and Hamas tunnels. Then the United Nations and the international community accuses Israel of doing precisely what Hamas intended Israel to do: namely fire at its terrorists and kill United Nations protected civilians in the process. It’s a cynical game being played by Hamas, but it wouldn’t succeed without the complicity of UN agencies.

The only way to assure that Hamas’ strategy of using human shields to maximize civilian casualties is not repeated over and over again is for the international community, and especially the United Nations, not to encourage and facilitate it, as it currently does. International law must be enforced against Hamas for its double war crime: using civilian human shields to fire at civilian Israeli targets. If this tactic were to be brought to a halt, then Israel would have no need to respond in self-defense. Applying the laws of war to Israel alone will do no good, because any country faced with rockets and tunnels targeting its civilians will fight back. When the fighters and tunnel builders hide behind human shields, there will inevitably be civilian casualties—unintended by Israel, intended by Hamas—regardless of how careful the defenders are. Israel has tried its hardest to minimize civilian casualties. Hamas has tried its hardest to maximize civilian casualties. Now the United Nations and the international community must try their hardest to become part of the solution rather than part of the problem.

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Alan M. Dershowitz is the Felix Frankfurter Professor of Law Emeritus at Harvard Law School, and is the author of “Guilt by Accusation” and host of the “The Dershow” podcast. Follow Alan Dershowitz on Twitter (@AlanDersh) and on Facebook (@AlanMDershowitz).