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The Visiting Fellows in Israel Studies program at the Freeman Spogli Institute for International Studies (FSI) is pleased to welcome Professor Alon Tal as a visiting fellow. He will be based at FSI’s Center on Food Security and the Environment (FSE)

Professor Tal’s research looks at a broad range of issues involving public policy and sustainability, primarily considering the effect of rapidly growing populations on natural resources and the environment. Over the course of his career, Tal has balanced the demands of both academia and public interest advocacy. He has worked in government as a member of Israel’s parliament and as a professor with appointments at Tel Aviv University, Stanford, Ben Gurion, Hebrew, Michigan State, Otago, and Harvard Universities.

Prior to joining FSI, Tal was a visiting professor at the Stanford Graduate School of Business. He is also the founder of several environmental organizations in Israel, including Adam Teva V’Din, the Israel Union for Environmental Defense, and the Arava Institute.

To get a better understanding of how environmental issues are intersecting with other challenges unfolding in Israel and the region, we spoke to Dr. Tal about his research, his time in government, and his recommendations for what can be done to affect more action to address climate change.



Can you give us a general overview of how the Middle East as a region currently approaches climate-related and environmental policies?

Given the availability of inexpensive oil, it is not the surprising that many countries in the Middle East have a significant “carbon footprint.” Historically, there has been resistance to modify that energy profile. This is now starting to change. Just in December 2023, at the UN climate conference in Dubai, for the first time all Middle Eastern countries signed a pledge which ostensibly should lead to a decarbonized region. It’s fairly clear what needs to be done to achieve this, but there are enormous institutional and political obstacles to actually doing it. Each country in the Middle East functions as an “energy island” making renewable deployment much more difficult. Creating a regional electricity grid is a good place to start.

Israel has an extremely creative climate tech ecosystem that’s producing everything from green hydrogen and fuel cells to cultured meat and milk. I am encouraged that countries like the United Arab Emirates have already begun to invest in Israeli start-ups and more established companies to provide the muscle they need to become transformative. A year ago, Israel, Jordan, and the UAE signed an agreement which, for the first time, will provide clean solar energy from Jordan (which has ample open space in its deserts) to Israel. In exchange, Israel will deliver inexpensive desalinized water to Jordan, which is perhaps the world’s most water scarce country.

Beyond the sustainability dividends, given the prevailing tensions, I believe that such cooperative efforts in the environment will not only make the region healthier, but will serve as a basis to reduce the historic enmity. Indeed, I have been involved in a range of cooperative projects with Palestinian and Jordanian partners for almost thirty years.

Ready or not, the climate crisis is here, and making these issues part of the country’s political agenda and keeping them in the spotlight is important. The younger generations know this and are speaking out, and we have a responsibility to make sure they are heard.
Alon Tal
Visiting Fellow in Israel Studies


You have firsthand experience working on policy as a member of the Knesset, Israel’s parliament. What success did you see there, and what challenges remain in addressing environmental issues? 

Israeli politics is quite polarized, not unlike the U.S., but issues relating to the environment generally enjoy support from all political parties. I did a lot of work with partners on the Israeli right and amongst religious politicians to engage them and receive support for a green agenda. The press made a big deal about this “bi-partisan” orientation, but it feels very natural to me. Regardless of people’s political orientation, everyone wants their children to breath clean air, drink potable war, and live in a planet with a stable climate.

That being said, I worry that public awareness of these issues remains deficient in Israel even though we are considered a “climate hotspot.” Other issues, particularly those involving security, don’t leave our citizens very much bandwidth to think about other matters, even urgent ones like climate change.

That’s why having a committee that convenes regular meetings and pushes the executive branch to be more conscientious in its mitigation and adaptation efforts from inside government is so critical. While I was serving, we held hearings on increasing shading in urban areas, removing bureaucratic obstacles to installation of “agrovoltaic” systems (solar panels on farmlands), expediting sales of electric vehicles through tax incentives, and many other topics. 

Our paramount objective was to pass a “climate law,” which would provide a statutory basis for the energy transition that needs to be accelerated. This is a step many state and national governments have taken in recent years. Unfortunately, the “Government of Change” that my party was part of in Israel fell apart before this critical legislation could be passed. That’s truly unfortunate. But the cabinet did make a commitment to reach net-zero emissions of greenhouse gases by 2050.  

Ready or not, the climate crisis is here, and making these issues part of the country’s political agenda and keeping them in the spotlight is important. The younger generations know this and are speaking out, and we have a responsibility to make sure they are heard.


What environmental implications does the ongoing war between Hamas and Israel have for the region?

For me, the war is not just about personal security, but also environmental security. Extremist, Islamist forces, and proxies for the Iranian government all threaten the kind of cooperation which is critical for the region.

I am encouraged that not one of my environmental colleagues from Arab countries — including many Palestinian colleagues — has broken off interactions with me since the war began. We continue to do research with a West Bank Palestinian group from Al Quds University about exposures to pharmaceutical products from wastewater reuse. We urgently need more of this kind of cooperation if we are going to address the pressing needs being created by this crisis.

Consider, for example, the groundwater situation in Gaza. When Egypt held the Gaza Strip in the 1960s, the aquifers were contaminated by salt water intrusion from the Mediterranean Sea caused by over pumping. It is absolutely critical that the people of Gaza have desalinated water (like Israel does) both to meet their immediate needs now and as climate-driven droughts continue to change local hydrological conditions in the future. For this to happen, whoever rules Gaza will have to stop investing limited local resources in military weaponry and focus on environmental infrastructure.

The human toll of this war is heartbreaking on all sides. But I believe that when the dust settles, there will be a victory for those who want to work together on critical environmental issues.

If we are going to meet the unprecedented challenges posed by the climate crisis, the world as we know it will have to change. And that won’t happen without effective public policies.
Alon Tal
Visiting Fellow in Israel Studies


How can institutions like Stanford help in addressing these issues?

There’s no question that higher education is evolving. Universities generally divide up their departments according to disciplinary distinctions that were germane at the advent of the twentieth century but often make less sense today. In the fields I work in, it’s common lip service to talk about “interdisciplinary solutions.” But what that actually means in practice is that students need to be given literacy in topics ranging from chemistry and biology to economics, social science, and even aesthetics. I am very impressed with Stanford’s new Doerr School of Sustainability, which is aspiring to serve as an example of how this can be done. 

The course I am currently teaching, “Public Policy and Sustainability Challenges: Israel and the Middle East,” is designed to give the students a sense of what policies appear to work and which ones do not.  For instance, carbon taxes used to be a theoretical idea. But with 61 countries having introduced policies that monetize carbon, we can now dispassionately evaluate these interventions.

The students I see in my class are a healthy mix of MBA and sustainability scholars. They break up into groups of four and serve as consultants for a variety of climate tech companies, applying what they have learned to the real-life regulatory challenges which these promising ventures face. Stanford is preparing leaders, many of whom are committed to working in the climate space. I hope that the class provides them with valuable insights and tools to do this.


Looking to the future, what policies would you like to see put in place to precipitate meaningful action on climate-related issues in both the short and long term?

It is increasingly clear that despite increased global awareness, humanity is not meeting its goals for reducing greenhouse emissions. The population is growing, and billions of people are justifiably seeking a higher standard of living. If we are going to meet the unprecedented challenges posed by the climate crisis, the world as we know it will have to change; we are going to have undergo a complete technological makeover. This means an end to the fossil fuel era, beef as it is raised today, steel, cement, plastics – you name it. And this won’t happen without effective public policies.

One of the things that we started doing in Israel is requiring every school child from kindergarten to grade 12 to take 40 hours of classes about climate related topics during the course of the school year. That’s only a start, but it’s an important one. At Tel Aviv University, ten different departments have collaborated to produce a massive online open class, or “MOOC,” to get that expertise out of the university and into the hands of people. Education, coupled with urgency and action, is crucial. These are the kinds of initiatives that I believe are needed if we are going to see any real progress. 

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Alon Tal joins the Freeman Spogli Institute for International Studeis as a Visiting Fellow in Israel Studies
Dr. Alon Tal researches public policy and sustainability, primarily considering the effect of rapidly growing populations on natural resources and the environment.
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Professor Tal’s expertise in sustainability and public policy will offer students valuable insight into the intersection of climate change issues and politics in the Middle East.

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Join the Visiting Fellows in Israel Studies Program for a discussion about the roots and causes of misinformation, disinformation, and fake news in times of war. Learn more about the informational contents of foreign and domestic actors when addressing the informational threats. How it must be faced for the future of democracy, and is at stake when protecting media freedoms and civil liberties in Israel.

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Omer Benjakob is an investigative journalist for Haaretz, Israel's sole newspaper of record, focused on the intersection of politics and technology. He covers disinformation, cyber, and surveillance and has participated in several international investigations, including the Project Pegasus — the misuse of spyware made by the NSO Group — and “Team Jorge,” a groundbreaking undercover investigation into the private disinformation market and digital mercenaries offering election interference as a service. His investigation into the sale of spyware to a militia in Sudan was shortlisted for the EU's European Press Prize for investigative journalism (2023).

He is also a researcher and his writing on Wikipedia has been published in Wired UK, the Columbia Journalism Review and MIT Press, as well as academic journals. Born in New York and raised in Tel Aviv, he lives in Jaffa with his wife and teaches in a local college in Israel. He is also an associate research fellow at the Center for Research and Interdisciplinarity (LPI) in Paris, a research institute affiliated with the Université Paris Cité focused on open science.
 

Omer Benjakob

Omer Benjakob

Cyber and Disinformation Reporter for Haaretz
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Tomer Naor is a father, educator, lawyer, and a well-known social activist in Israel. Tomer holds an LLB in Law from the Hebrew University in Jerusalem, and an LLM graduate degree in Public Law from Northwestern University and Tel Aviv University. For the past ten years Tomer has been working for The Movement for Quality Government in Israel, one of Israel’s leading grass roots organizations, fighting corruption and promoting the values of democracy, transparency, good governance and civic participation and volunteerism in Israeli society.

Tomer has led multiple legal cases discussed in the Supreme Court that are pertinent to the core issues of preserving democracy in Israel, and has frequently appeared before the Supreme Court to argue constitutional and administrative petitions as well as before Knesset committees on various issues. In 2020, Marker magazine named Tomer as one of their "40 Under 40" influencers, and he continues to feature as a regular guest in the Israeli and international media. In addition to his legal work, Tomer is involved in a variety of social initiatives in Israel and won the Civil Society Award in 2015.
 

Tomer Naor

Tomer Naor

Chief Legal Office at The Movement for Quality Government in Israe
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Alon Tal

Online via Zoom

Tomer Naor
Omer Benjakob
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Speaker: Daphne Richemond-Barak, assistant professor; Lauder School of Government, Diplomacy, and Strategy, Reichman University, Israel

From the first World War to Vietnam, Afghanistan, Iraq, and now Gaza, underground warfare has always represented one of the deadliest and most complicated combat environments. Israel went into the current war possessing the most advanced military capabilities in detection, mapping, and destruction of tunnels, yet this neither deterred Hamas from digging or lessened the challenge of subterranean fighting.

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Daphne Richemond-Barak is an assistant professor at the Lauder School of Government, Diplomacy and Strategy, and serves as the Academic Head of the International Program in Government (RRIS) and as Senior Researcher at the International Institute for Counter-Terrorism (ICT). She is also an adjunct scholar at the Modern War Institute at West Point and a senior fellow at the Lieber Institute for Law and Land Warfare, also at West Point. In 2019, her book 'Underground Warfare' was awarded the Prize Chaikin by the Chair in Geostrategy at the University of Haifa for its contribution to the geostrategy of Israel and the Middle East.

Dr. Richemond-Barak holds a Maitrise from Université Panthéon-Assas (Paris II), a Diploma in Legal Studies from Oxford University (Hertford College), an LL.M. from Yale Law School, and a Ph.D. from Tel Aviv University. She was awarded the Fulbright Scholarship, and was a recipient of the European Commission Scholarship, the Hertford College Prize, and the Oxford Prize for Distinction. Prior to joining the IDC, Dr. Richemond-Barak served as a clerk at the International Court of Justice, and worked as an attorney in the New York office of Cleary Gottlieb.
 

Daphne Richemond-Barak

Daphne Richemond-Barak

Assistant Professor at the Lauder School of Government, Diplomacy, and Strategy, Reichman University
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During the 2024 winter quarter (January-March) FSI's Visiting Fellows in Israel Studies program is hosting a series of webinars exploring various aspects of contemporary Israeli politics, societal and security challenges. Webinars will take place on Wednesdays, 10:00-11:15am PST (20:00-21:15pm, Israel Time). Each webinar will feature a guest speaker from Israel or the U.S and will include a lecture or moderated conversation with the guest, followed by a Q&A with the audience.

Amichai Magen
Amichai Magen
Larry Diamond
Larry Diamond
Daphne Richemond-Barak
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Speaker: Tamar Hermann, academic director, The Viterbi Family Center, The Israel Democracy Institute, Israel

What do public opinion surveys reveal to us about political preferences in Israel? Has the Gaza War led to shifts in those preferences, and if so, how? And who is likely to win the next national elections in Israel? In this webinar, one of Israel’s most prominent public opinion experts, Tamar Hermann, presents and analyzes the latest data.

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Professor Tamar Hermann is a Senior Research Fellow at the Israel Democracy Institute and the Academic Director of the Viterbi Family Center for Public Opinion and Policy Research. The Center documents the attitudes of the Israeli public across a broad range of issues: politics, culture, ideology, religion, education and national security. Since 2010, Prof. Hermann has headed the team which develops and produces the annual Israeli Democracy Index, and since 2018 – the monthly Israeli Voice Index. Prof. Herman is a Professor of Political Science at the Open University in Israel.
 

Tamar Hermann

Tamar Hermann

Academic Director at the Viterbi Family Center, The Israel Democracy Institute
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During the 2024 winter quarter (January-March) FSI's Visiting Fellows in Israel Studies program is hosting a series of webinars exploring various aspects of contemporary Israeli politics, societal and security challenges. Webinars will take place on Wednesdays, 10:00-11:15am PST (20:00-21:15pm, Israel Time). Each webinar will feature a guest speaker from Israel or the U.S. and will include a lecture or moderated conversation with the guest, followed by a Q&A with the audience.

Amichai Magen
Amichai Magen
Larry Diamond
Larry Diamond
Tamar Hermann
Seminars
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Speaker: Yaniv Roznai, associate professor and vice-dean, Harry Radzyner Law School; co-director, Rubinstein Center for Constitutional Challenges, Reichman University, Israel 

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Yaniv Roznai is an Associate Professor and Vice-Dean at the Harry Radzyner Law School, and C0-director at the Rubinstein Center for Constitutional Challenges, Reichman University. He holds a PhD and LL.M (Distinction) from The London School of Economics (LSE), and LLB and BA degrees (magna cum laude) in Law and Government from the IDC, Herzliya (now Reichman University). Roznai's scholarship focuses on comparative constitutional law, constitutional theory, legisprudence, and public international law. He is the author of Unconstitutional Constitutional Amendments – The Limit of Amendment Powers (Oxford University Press, 2017).
 

Yaniv Roznai

Yaniv Roznai

Associate Professor and Vice-Dean at the Harry Radzyner Law School and Co-director of the Rubinstein Center for Constitutional Challenges, Reichman University
Full Profile

During the 2024 winter quarter (January-March) FSI's Visiting Fellows in Israel Studies program is hosting a series of webinars exploring various aspects of contemporary Israeli politics, societal and security challenges. Webinars will take place on Wednesdays, 10:00-11:15am PST (20:00-21:15pm, Israel Time). Each webinar will feature a guest speaker from Israel or the U.S. and will include a lecture or moderated conversation with the guest, followed by a Q&A with the audience.

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Amichai Magen
Larry Diamond
Larry Diamond
Yaniv Roznai
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Speaker: Danielle Gilbert, assistant professor of political science, Northwestern University

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Danielle Gilbert’s research explores the causes and consequences of hostage taking, including projects on rebel kidnapping, hostage recovery policy, and hostage diplomacy. Following Hamas’s October 7th attack, she published the essay: “Why the Gaza Hostage Crisis Is Different.” In 2023, she was selected to serve on the Bipartisan Commission on Hostage Taking and Wrongful Detention at the Center for Strategic and International Studies (CSIS) In Washington, DC. Before embarking on an academic career, she served four years on Capitol Hill including as a Senior Legislative Assistant and Appropriations Associate, and she worked as a policy advisor on presidential and congressional campaigns.
 

Danielle Gilbert

Danielle Gilbert

Assistant Professor of Political Science at Northwestern University
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During the 2024 winter quarter (January-March) FSI's Visiting Fellows in Israel Studies program is hosting a series of webinars exploring various aspects of contemporary Israeli politics, societal and security challenges. Webinars will take place on Wednesdays, 10:00-11:15am PST (20:00-21:15pm, Israel Time). Each webinar will feature a guest speaker from Israel or the U.S. and will include a lecture or moderated conversation with the guest, followed by a Q&A with the audience.

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Amichai Magen
Larry Diamond
Larry Diamond
Danielle Gilbert
Seminars
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Speaker: Mohammed Darawshe, director of strategy at the Shared Society Center, Givat Haviva Educational Center, Galilee, Israel

When Hamas perpetrated the worst terrorist attack in Israel’s history on October 7th 2023, it targeted not only Jews, but also Israeli Arabs. Among those killed by Hamas on October 7th was Awad Darawsheh, a 23 year-old paramedic, who was working at the Nova Music Festival, when the terrorists struck. In this webinar, Larry Diamond and Amichai Magen talk with Awad’s first cousin, Mohammed Darawshe, about the impact of October 7th and the subsequent war on Israeli Arabs and the prospects of Israeli-Palestinian peace.

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Mohammed Darawshe is the Director of Strategy at the Shared Society Center of the Givat Haviva Educational Center in the Galilee, and a faculty member of the Shalom Hartman Institute. He is widely consulted as a leading expert on Jewish-Arab relations. He previously served as Co-Director of The Abraham Fund Initiatives and as Elections Campaign Manager for the Democratic Arab Party and later The United Arab List. He was the recipient of the Peacemakers Award from the Catholic Theological Union, and the Peace and Security Award of the World Association of NGO’s, and was Leadership Fellow at the New Israel Fund. In 2008, Mohammed Darawshe was elected as a city council member in his hometown Iksal. In 2009 he served as a member of The National Committee which drafted Israel’s Coexistence Education policy.
 

Mohammed Darawshe

Mohammed Darawshe

Director of Strategy at the Shared Society Center, Givat Haviva Educational Center
Full Profile

During the 2024 winter quarter (January-March) FSI's Visiting Fellows in Israel Studies program is hosting a series of webinars exploring various aspects of contemporary Israeli politics, societal and security challenges. Webinars will take place on Wednesdays, 10:00-11:15am PST (20:00-21:15pm, Israel Time). Each webinar will feature a guest speaker from Israel or the U.S. and will include a lecture or moderated conversation with the guest, followed by a Q&A with the audience.

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Speaker: Haviv Rettig Gur, senior analyst for The Times of Israel 

2023 will be remembered as Israel’s year of horrors. It began with deep societal polarization, mass protests, and anxiety about the future of Israeli democracy, following the new Netanyahu government’s plan to weaken judicial independence. It ended with the most devastating terrorist attack in Israel’s history and a war that is now being fought on multiple fronts. In this webinar, Amichai Magen, FSI's visiting fellow in Israel Studies, will be joined by one of Israel’s leading analysts, Haviv Rettig Gur, to take stock of 2023 and seek to ascertain what awaits Israel in 2024.

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A veteran Israeli-American journalist and analyst, Haviv Rettig Gur serves as The Times of Israel’s Senior Analyst. He has reported from over 20 countries and served as director of communications for the Jewish Agency for Israel, Israel’s largest NGO. Haviv lectures on Israeli politics, the U.S.-Israel relationship, the peace process, modern Jewish history and identity, and Israel-diaspora relations.
 

Haviv Rettig Gur

Haviv Rettig Gur

Senior Analyst at the Times of Israel
Full Profile

During the 2024 winter quarter (January-March) FSI's Visiting Fellows in Israel Studies program is hosting a series of webinars exploring various aspects of contemporary Israeli politics, societal and security challenges. Webinars will take place on Wednesdays, 10:00-11:15am PST (20:00-21:15pm, Israel Time). Each webinar will feature a guest speaker from Israel or the U.S. and will include a lecture or moderated conversation with the guest, followed by a Q&A with the audience.

Amichai Magen
Amichai Magen
Haviv Rettig Gur
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In early October, Arab Barometer, a central resource for quantitative research on Arab countries, completed its most recent survey in Palestine, offering unique insight into the views of Palestinians living in the West Bank and Gaza. The next day, Oct. 7, Hamas launched its surprise attack on Israel.

On Wednesday, Nov. 29, Stanford’s Program on Arab Reform and Democracy presented the online event, “Public Opinion in Palestine Before the Conflict,” to discuss the survey findings in the context of the attacks. Amaney A. Jamal and Michael Robbins, two principal investigators at Arab Barometer, discussed how Palestinians view their government, their living conditions, the Israeli-Palestinian conflict, and international actors. The Program on Arab Reform and Democracy is housed at the Center on Democracy, Development and the Rule of Law (CDDRL).

Read the full article in the Stanford Report.

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Michael Robbins and Amaney A. Jamal
Michael Robbins and Amaney A. Jamal are principal investigators at Arab Barometer, a nonpartisan research network that conducts public opinion surveys in the Middle East and North Africa. At a recent campus event, they offered insights from their most recent survey in Palestine.
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Stanford’s Program on Arab Reform and Democracy – housed at the Center on Democracy, Development and the Rule of Law – hosted an event last Wednesday to discuss the Arab Barometer’s most recent survey, which concluded just as Hamas conducted its Oct. 7 attack on Israel.

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As part of on ongoing effort by the Freeman Spogli Institute for International Studies (FSI) to provide research-based programming on the current situation in the Middle East, Scott Sagan and Allen Weiner joined moderator Janine Zacharia at an event co-sponsored with the Stanford Law School to discuss the legal framework of war and how the current conflict in Gaza fits into those precepts.

Scott Sagan is senior fellow at FSI and co-director of the institute’s Center for International Security and Cooperation. Allen Weiner, an FSI affiliate, is a senior lecturer in law and director of the Stanford Program in International Law at Stanford Law School, and a former legal counselor at the U.S. Embassy in The Hague. Janine Zacharia is a lecturer in the Department of Communication.

Their discussion took place  before a Stanford student audience.



Conduct in Conflict


To understand how the principles of just war theory are relevant  today, Dr. Sagan began by outlining what they are and where they came from.

Principles governing honorable and dishonorable conduct in conflict have ancient origins, but the most comprehensive foundations of the law of armed conflict, or international humanitarian law, originate from the four Geneva Conventions concluded in the years following WWII and the bombing of Hiroshima and Nagasaki, Japan, with atomic weapons. Beginning in 1949, these conventions provided an important set of agreements governing the rules of war. In the 1977 Additional Protocols, these agreements were developed and expanded on in greater detail to create the framework recognized internationally today.

However, as Sagan noted, neither Israel nor the United States is party to the Additional Protocols of the 1977 Geneva Convention.  Nevertheless, both countries accept that some of the foundational principles codified on the Protocols constitute customary international law, and are thus legally binding on them.
 

Key Principles of the Laws of War


In their discussion, Sagan and Weiner focused on three principles in particular: the principle of distinction, the principle of proportionality, and the principle of precaution. As defined by Sagan, they state the following:

Principle of Distinction — Only military targets are permissible in conflict; civilians and civilian targets are not permitted. It is left up to warring parties to determine what constitutes each one. 

Principle of Proportionality — Collateral damage will occur in war, even if civilians are not targeted. Therefore, militaries must weigh the advantage of attacking a particular target compared to the harm that it will do to civilians. Attacking a military target of high importance, even if it entails the risk of harming many civilians, might be acceptable, but attacking a target of low-importance with high potential for collateral damage is unacceptable.

Principle of Precaution — Military commanders must take precautions to limit the amount of civilian damage while pursuing targets.

Expanding on that, Weiner also reminded the audience of what the principles of armed conflict are not:

“The laws of war are not the same as human rights law,” he emphasized. “They recognize the existence of war. They recognize that armies are going to engage in killing and destruction. International humanitarian law is designed to minimize the worst suffering that war causes.”
 

The Laws of War in Practice


While these principles provide a general framework, applying them to the specific case of Israel and Hamas is legally complex.

“There is a lot of flexibility and discretion in the application of these laws,” Weiner explained.

The status of Gaza adds another layer of complication. As a sui generis entity, it falls into a gray zone of independent legal classification. Originally part of the Palestinian Mandate, after the Arab-Israeli 1948 war, it was controlled by Egypt until 1967. Israel took control of the territory at the end of the 1967 Six-Day War.  Around the time of 1979 Camp David Accords, Anwar Sadat relinquished any territorial claims Egypt might have to the territory.  Israel withdrew its military forces and citizens from the Gaza Strip in 2005, and since 2007 the territory has been governed by Hamas, which is not the recognized government of Palestine, whose status as a state is likewise contested on the geopolitical stage.

“All of these issues create incredibly complex issues regarding which bodies of law apply to Gaza,” says Weiner.

Beyond the contestation about what legal rules apply to this conflict between Israel and Hamas, and how they should be interpreted, another confounding issue in analyzing the application of laws governing the use of force is the scarcity of reliable, clear facts about what is or is not happening in Gaza. As other Stanford scholars have reported, misinformation about the Israel-Hamas war has been rampant, further fueling animosity and anger both on the ground and online.

Speaking to this, Weiner acknowledged, “I am not able to ascertain with confidence what the facts are around many actions taking place on the ground. And that makes commenting as an outsider about the application of the laws of war in this situation extremely difficult and fraught. We have to be modest and we have to be humble about this.”
 

Questions of Scale


Because many key facts regarding what has and is happening on the ground in Gaza remain unclear, Sagan and Weiner refrained from offering definitive opinions on if or how the rules of war are being violated.

Both scholars agreed that Israel’s goal of eradicating Hamas as the governing entity in Gaza as a response to the attacks on October 7 was a legitimate goal. But each was quick to caution that legitimacy alone is not always the best guiding principle in cases of conflict.

“We need to recognize that there can be acts which are lawful, but awful,” Sagan reminded the audience. “The aims may be legitimate, but if in pursuing those aims you are creating more terrorists than you are killing, the aim you had may have been lawful in terms of its scope, but awful in terms of its consequences.” 

Weiner returned to the principle of jus ad bellum proportionality in thinking about the consequences of scale in responding to an attack such as the one conducted by Hamas on October 7. That principle is different from the jus in bello concept of proportionality, which requires the military advantages of a particular action to be weighed against civilian harms. Under jus ad bellum proportionality, there is also the need to weigh whether the overall scope of a military campaign is proportional to the cause that triggered the response.

But, Weiner cautioned, the jus ad bellum proportionality test “is among the most notoriously fuzzy and ambiguous standards that is used.”  

Looking specifically at Gaza, Weiner continued, “I stipulate that destroying Hamas is a legitimate war aim for Israel under these circumstances. But if you can’t do that without causing excessive damage, I do wonder whether the goal of the state in resorting to war has become greater than the harm it is causing.”
 

Beyond Revenge


While laws and legal precedent may provide a type of formal structure for conduct in conflict, Sagan and Weiner also acknowledged the very impactful role that emotion and human impulses play in how the spirit of those structures are interpreted. 

Speaking to data he and colleagues have collected on the relationship between identity, nationalism, and the ethics of war, Sagan admitted that, “I am concerned that in this conflict and others, the desire for vengeance can easily cloud judgements about what is right and what is wrong.” 

Reflecting on his own experiences, Weiner offered this consideration:

“Having lived through the American response to 9/11, I felt that because there was so much demand for retribution and for vengeance, something about our norms and values and practices changed in the United States. And, clouded by that sense of vengeance, I think after 9/11 the United States made a series of decisions that turned out to be very bad decisions from a national security standpoint and a humanitarian standpoint. And I do worry that the same might be true in Israel, particularly in respect to the scope of the war aims that it is setting.”

As the conflict continues and more information becomes available, Sagan encouraged those in attendance to be judicious and open in their thinking and analysis, even — and particularly — when that may be uncomfortable.

“In cases like the one we are witnessing now, we have to be very strict about what are facts and what are values. We have rights to our own values and our own interpretations. But we don’t have rights to our own facts,” said Sagan.

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Scott Sagan and Allen Weiner explain the principles that govern the laws of armed conflict and the current war between Israel and Hamas.

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