Written by Montgomery J. Granger @mjgranger1
In an article titled “U.S. Raises Concerns About Israel’s Plan of Action in Gaza, Officials Say,” the New York Times reports that the Biden administration has cautioned Israel to be careful of civilians in their proposed ground war against the bloodthirsty terrorists, Hamas, and to make sure they follow the Law of War. It seems Biden & Co. are seeking to establish themselves as a sort of referee in the conflict.
While the report says there will be no U.S. generals “on the ground,” during any invasion, Biden has sent envoys and generals to “advise” (but not direct) Israel in this endeavor.
Michael Knights, a fellow with The Washington Institute for Near East Policy, was quoted as observing, “Hamas has had 15 years to prepare a dense ‘defense in depth’ that integrates subterranean, ground-level and aboveground fortifications, communication tunnels, emplacements and fighting positions.”
I say, then Israel may take up to 15 years destroying it. Civilians who wish to stay alive must excrete the terrorists. They had 15 years to reject Hamas; now it’s Israel’s turn.
The United States’ public stance and discussion about tactics, intentions, cautions, and processes only aid the enemy. Time aids the enemy. Restraint aids the enemy.
For example, one United States official advised waiting to invade so that humanitarian aid could flow into Gaza, and generals could have more time to refine their plans in hopes of avoiding any civilian casualties. This is precisely what the enemy wants.
The operation should have been a “hot pursuit,” a counterattack en force, if for no other reason than to establish a pattern of response equal to the shock and awe of the terrorist attack: “You do this, we do that.”
In the U.S., the concept of “hot pursuit” is a legal tool used in situations of urgent need to capture a fleeing suspected criminal.
Here’s how it works:
“Hot pursuit” is an exception to the general requirement that law enforcement officers need a warrant to enter a private home or business. “Hot pursuit” allows officers to enter private property without a warrant under certain circumstances when they are actively pursuing a suspect or investigating a crime. The U.S. legal framework for hot pursuit is based on the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures.
Several conditions typically need to be met to make a hot pursuit entry into a private home or business lawful:
- Probable Cause: Officers must have a reasonable belief that a crime has been or is being committed and there is a suspect involved who needs to be apprehended.
- Exigent Circumstances: Exigent circumstances refer to situations where there is an immediate and urgent need to take action to prevent harm, destruction of evidence, or escape of a suspect. Hot pursuit is considered an exigent circumstance.
- No Unreasonable Delay: The pursuit must be continuous, and there should be no unreasonable delay in the pursuit. Once a suspect enters a private home or business, officers should follow without undue delay.
- Reasonable Belief the Suspect is Inside: Officers must reasonably believe that the suspect they are pursuing has entered the private premises. This belief should be based on credible information, not mere speculation.
- Use of Force: While officers may enter without a warrant, they are generally required to use the least intrusive means necessary. They should not use excessive force or damage property unnecessarily.
Surely, the Hamas attack of October 7, with its murders and kidnappings, would have qualified for “hot pursuit.” In military terms, this would have been a swift counterattack made by special forces who had been prepared as a Quick Reaction Force to protect potential targets of the enemy, defend against enemy objectives, or pursue a counterattack.
The objective in this scenario is to catch the enemy by surprise, destroy or capture them immediately, and/or follow them all the way back to their origins or base in order to destroy them completely. Katie bar the door!
Unfortunately, in part because of lack of preparation as well as international and/or U.S. timidity, there was no hot pursuit. There was no counterattack.
We are left instead with what promises to be a plodding, bloody, ineffective operation in which, like it or not, fair or not, Israel will be judged by the number of civilian casualties, regardless of whether these civilians were pawns of Hamas.
Maybe next time.
Until then, it appears the momentum has shifted away from Israeli success of any kind. The hesitation of the West has given Hamas more than enough time to hide, change clothes, and disappear into the civilian population.