10-19-2023, 12:09 PM
Hamas has routinely used data (often false) to make it seem as though Israel must have committed war crimes. The reality is there are tens of thousands of Hamas operatives in Gaza, so the number of strikes and deaths is not necessarily an indication that Israel, or even individual Israeli soldiers, have acted illegally. Importantly, people and governments accused of war crimes are innocent unless and until proven guilty. Alleged top line numbers of deaths or buildings destroyed does not even meet the standard for preponderance of the evidence, let alone the beyond a reasonable doubt standard. It's questionable whether the data Hamas has provided would even be admissible evidence in a trial. That's a problem for those arguing that Israel has committed war crimes.
Also, the fact that there have been thousands of air strikes does not make the job of prosecutors harder. It makes the job easier because there are more potential instances that prosecutors can investigate. Prosecutors in the Nuremburg trials found a way to get convictions and to show that orders came from the highest levels of command when there were millions of victims in the Holocaust. Prosecutors just look into whichever cases seem like they might be the most egregious. Maybe look at schools or hospitals that were bombed first. I leave the triage to prosecutors, but that has never been a problem in the past.
I am certain that Hamas is doing its best to collect evidence to submit to the media (and eventually to prosecutors if the evidence could stand up to reasonable challenges). As of now, however, I see virtually no media coverage of any specific air strikes that were questionable. That's not definitive, but it's telling. For now, I just urge caution.
Also, the fact that there have been thousands of air strikes does not make the job of prosecutors harder. It makes the job easier because there are more potential instances that prosecutors can investigate. Prosecutors in the Nuremburg trials found a way to get convictions and to show that orders came from the highest levels of command when there were millions of victims in the Holocaust. Prosecutors just look into whichever cases seem like they might be the most egregious. Maybe look at schools or hospitals that were bombed first. I leave the triage to prosecutors, but that has never been a problem in the past.
I am certain that Hamas is doing its best to collect evidence to submit to the media (and eventually to prosecutors if the evidence could stand up to reasonable challenges). As of now, however, I see virtually no media coverage of any specific air strikes that were questionable. That's not definitive, but it's telling. For now, I just urge caution.
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