Eran Etzion was a trusted advisor at the highest level of the Israeli state. He served as deputy head of Israel’s National Security Council and served four Israeli Prime Ministers.
He is a long-time critic of Prime Minister Benjamin Netanyahu. His years of public service have also earned him respect.
Etzion, who is a former soldier, warns that Israel’s military, the Israel Defense Forces, may be committing war crime in northern Gaza. He also suggests that officers and soldiers should refuse illegal orders.
“They should refuse. They must refuse if a soldier or officer is asked to commit an act that could be suspected as a crime of war. This is what I would do as a soldier. “I think any Israeli soldier would do that,” he says.
We are sitting in the balcony of his house in Shoresh, central Israel.
Here is the quiet sun of an autumn morning. A peaceful neighborhood where some builders are working to improve houses.
Jabalia, a Gaza neighbourhood, is located less than 40 miles away.
While Mr Etzion is speaking, doctors and staff at the Indonesian Hospital Jabalia are desperately sending voice notes to the international aid community.
In a message received by the BBC, a senior nurse speaks with a tired voice about the alleged privations that the Israelis who are besieging Jabalia have imposed.
“My friend, you’re so tired,” he said. “I cannot explain how tired i am. The water is empty. We don’t even have water. We asked the Israeli forces to allow us to add water to the tank but they refused. The situation is very, very bad.”
Another nurse says, “I’m sorry for my poor language. I can’t speak well.” I feel very tired and dizzy. I haven’t had anything to eat since yesterday. We give the food we find to the families and patients, and we don’t consume it ourselves.”
As the Israeli army continues to attack what it claims is an attempt by Hamas at regrouping, tens of thousands of people have fled Jabalia.
Mr Etzion worries about the civilians in Jabalia as well as his own country. “There is a dangerous erosion of standards.” He says that there is a widespread sense of revenge and rage.
Mr Etzion explains that Israel is still traumatized after the 7th October 2023 Hamas attack, in which more than 200 Israelis were taken hostage in Gaza and around 1,200 Israelis died.
“The desire for revenge is understandable. It’s human but we are not a gang. We are not a terrorist organisation. We are a sovereign nation. We have a history, morals and values. If we want to remain a member of international community (which we do), we must adhere to international law and standards.
He speaks out as a former IDF soldier, whose children have served, and as someone who has family and friends that still serve. “I’m a concerned citizen who is trying to raise his voice. That’s what I am doing. I want to ensure that no soldier is ever involved in anything that might be considered a war crime.”
Israel has been criticized by the international community for its conduct during this war. The United States has warned that it will cut off arms shipments to Israel if it does not increase aid to Gaza.
The UN has accused Israel of repeatedly blocking or impeding aid transfers, most recently to northern Gaza.
The IDF has repeatedly denied allegations that it implements a deliberate policy to starve residents of Jabalia to force them to flee. Israel has accused Hamas for years of using civilians as human shields and launching attacks out of schools and medical centers.
“Hamas doesn’t hesitate to abuse Gazans. They exploit them. They steal their aid. And they forcefully prevent them evacuating if it is necessary,” the IDF stated in May.
Prof Philippe Sands KC is one of Britain’s leading war crimes lawyers. He told me that Israel, while it had a right of self-defense after the 7th October attacks, was now in violation of international law.
“It must be proportionate.” It must meet the requirements of international human rights law. It must be able to distinguish between civilians, military targets and other targets.
“It does not allow you to use the famine as an offensive weapon. It does not allow you to deport or evacuate large groups of people.
“It’s impossible for me to look at what’s happening in Gaza today, just as it’s difficult to look back on what happened on the 7th of October and not see crimes.”
Prof Sands is the leader of the case against Myanmar for genocide and the case of Palestinian statehood before the International Court of Justice at The Hague.
His book East West Street : On the Origins of Genocide, Crimes Against Humanity and Crimes Against Humanity was awarded the Baillie Gifford Prize in non-fiction. The book also describes his own Jewish family’s experience of the Holocaust.
I ask him if the crisis in Gaza causes him to worry about the future of international law.
He pointed out that the prosecutor for the International Criminal Court is seeking arrest warrants against Israel’s Prime Minister and Defence Minister.
The prosecutor also requested warrants for the arrest of three Hamas leaders. All three, including Hamas Leader Yahya sinwar, are now deceased.
“It (international law) does not work on the ground in relation with Russia and Ukraine. It doesn’t work on the ground when it comes to Sudan. It doesn’t work on the ground when it comes to Palestine and Israel.
“There are no ifs or buts.” We have to acknowledge that. But that’s not a reason for tearing down the entire system.
“If you ask what the alternative would be, which is basically not having any pieces of paper with Treaties written on them, you’re going back to the 1930s. At least we have a system of laws that allows people to stand and say: “This is a breach of a Treaty”.
We asked the IDF to give us an interview, but they said that no spokesperson was available. They referred us to a previous statement which stated: “The IDF continues to act as it has always done, in accordance with international law.”
COGAT, the army’s humanitarian aid wing, announced today that it is their policy to facilitate entry of aid into Gaza without limits.
This is Israel’s story. As images of civilian suffering continue from Jabalia, it is being widely questioned.
Additional reporting by Rudabah Abubass, Haneen Abduldeen and Alice Doyard
Correction 23 October 2024. An earlier version of the article stated incorrectly that the ICC prosecutor was seeking an arrest warrant against the IDF chief-of-staff.
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