Read against this background, the NSC-20 adds another layer of complications. As noted, Iranian proxies waged a sophisticated form of warfare designed to challenge the critical parts of IHL. Defined by experts as “lawfare,” it is designed to destroy the legitimacy of the opponent by abusing the legal system and its instructions to delegitimize Israel. In lawfare, high civilian casualties are not a humanitarian tragedy bemoaned by IHL advocates but a valuable tool to increase the disproportionality rate, as Abbasi has pointed out.

Facing a wall of obfuscation, observers looking to bypass fabricated accounts have been frustrated. Local journalists under strict Hamas control and the few international media outlets that rely on local stringers are not suitable alternatives. Satellite images, videos, and pictures are not granular enough to provide a reliable remedy. The CIA and other foreign intelligence agencies compile reports but do not publish their findings. Israeli accounts have been rejected as self-serving despite several experts noting that the IDF’s record for avoiding civilian harm was above average, given Hamas’s extreme human shielding. 

There is little doubt that the Gaza War has shown the limits of IHL in fighting jihadi terrorist groups. Hamas cannot defeat the IDF and has used the death and suffering of Palestinian human shields to rally international support. Indeed, after meeting with the head of Hamas’s political bureau, Ayatollah Khamenei reaffirmed his belief in the importance of media warfare, adding that the “propaganda and media campaign of the Palestinian resistance has been very successful and ahead of the Zionist enemy” and urged more media action.

Pressuring Israel alone to uphold humanitarian standards is counterproductive because it allows Hamas to survive and fight another day. Memorandum-20 extends this policy to other American allies who may fight terrorist groups pursuing extreme human shielding. History shows that, as an unintended consequence, humanitarian laws have prolonged asymmetrical conflicts.

Yemen serves as an illustrative historical example. While the international community has sent massive aid donations to prevent starvation among Yemeni people, Houthi rebels, who controlled Hodeida—where 80 percent of this aid was received—have misused these resources. By disproportionately distributing aid to their loyalists, the Houthis have managed to survive and extend the conflict.

Thus, the United States and its allies must revise the IHL protocols in ways that would deprive terrorists and their sponsors of military and public relations advantages. Reviewing the policies of the United Nations and the scores of groups that populate the human rights ecosystem would be an excellent first step in this process.

Dr. Farhad Rezaei is the director of Christian Watch on Global Islamism at the Philos Project. Follow him on X: @Farhadrezaeii.

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