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sailingbythelee ,

Yes, definitely. The laws of war hinge on the difference. Bombs and artillery do not distinguish between combatants and non-combatants, which is why there are always civilians killed in war. And yet, the use of bombs and artillery is not a war crime.

Now, the principle of proportionality is important here. In the laws of war, the degree of destruction and civilian casualties has to be reasonably proportional to the military objective. For example, to take an extreme example, it would not be generally considered reasonable to knock down a high rise full of civilians just to take out one sniper. That’s why Israel does that roof-knocking thing they do. Each military action has to be evaluated on its merits to determine if it is a war crime. Many of Hamas’s actions have been war crimes (e.g. the use of rape as a weapon of war, hiding combatants among civilians, etc), and I have no doubt that Israel has committed war crimes as well in particular situations. But specific instances of war crimes does not automatically mean they are committing genocide.

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