War: between the necessity of battle and the call for humanity

Source: The Geneva Convention: a red line in the darkness of battle

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely...:

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person...;

(b) taking of hostages;

(c) outrages upon personal dignity, in particular humiliating and degrading treatment;

(d) the passing of sentences and the carrying out of executions without previous judgment...;

(Fourth Geneva Convention, Article 3) *Image: Florence Nightingale (May 12, 1820 – August 13, 1910), founder of modern nursing.*

Explanation: Who is protected and who is exposed in the flames of war

This convention is part of four treaties addressing the proper conduct of nations during wartime. It focuses on the protection of non-combatant populations and establishes that anyone who poses no direct and immediate threat—whether a civilian or a soldier who has laid down their arms—must not be harmed. The only exceptions are restrictions on freedom of movement or a total blockade, and solely to achieve proven military objectives.

Perspective: Between Holocaust memory and a complex Israeli reality

The Geneva Conventions were the result of the events of World War II, in which many millions of civilians were deliberately murdered. In the 1940s, numerous states across Central and Eastern Europe functioned like terrorist organizations, expelling and exterminating vast numbers of their residents—including, of course, our own people. Over the years, the convention has often been turned into a weapon specifically against Israel, invoking terms like Nazism, fascism, Holocaust, extermination, and genocide to apply it to our own day. Israel's High Court of Justice views parts of the Geneva Convention strictly as "conventional law" (requiring explicit domestic legislation) rather than "customary international law" (which is automatically binding as supreme law), and therefore, in many cases, local Israeli law takes precedence over it.

Going Deeper: The Torah and war: humanity as a supreme value

The laws of war in the Torah include several core principles (Deuteronomy 20–21). First, civilian society takes precedence over the war effort: someone about to be married, someone who planted a vineyard and has not yet enjoyed its fruit, or someone who built a new house and has not yet lived in it is exempt from military service. Another principle concerns the enemy's civilian sphere, which must be respected; thus, one may not destroy the enemy's fruit trees or other natural resources. The Torah also prohibits rape on the battlefield, though it permits taking captive women to marry them, with a strict ban on abusing them. Indeed, taking a captive for marriage was viewed critically by the Sages, but compared to what was common practice in war even up to our own days, this was a restorative measure requiring the Jewish warrior to care for these women rather than abuse them.

Culture: The last supper: when art meets reality

About twenty-five years ago, Adi Nes created one of Israel's best-known works of art—titled Untitled. The photograph mirrors Leonardo da Vinci's famous painting The Last Supper, set just before Jesus was led to his execution. In Nes's photo, fourteen soldiers appear, all relaxed and smiling except for two: the soldier at the center of the table and the one standing on the far left, two men who seem to understand that this might be their last meal.

During the Swords of Iron War, on October 13, 2024, Golani Brigade soldiers were sitting in the dining hall of their training base in central Israel for another ordinary dinner, when a drone suddenly crashed through the roof. Four soldiers were killed: Amitay Alon, Omri Tamari, Yosef Hieb, and Yoav Agmon, of blessed memory.