Herzi Halevi, the former chief of staff for the Israeli Defense Forces (IDF), has made a significant statement regarding the human cost of the war in Gaza, confirming that over 200,000 Palestinians have been either killed or injured. This is a notable figure because it aligns closely with the statistics provided by Gaza’s health ministry, a source that Israeli officials have often dismissed as propaganda. International humanitarian agencies, however, have long considered these ministry figures to be reliable.
In his remarks at a community meeting in southern Israel, Halevi stated that more than 10% of Gaza’s 2.2 million population had become casualties. The war, which is nearing its two-year anniversary, has seen an official toll of 64,718 Palestinians killed and 163,859 injured as of a recent count. The actual number of fatalities is feared to be much higher, with many bodies still buried under rubble. The Gaza health ministry’s statistics do not differentiate between civilians and fighters, but leaked Israeli military intelligence data from earlier in the conflict suggested that over 80% of the casualties were civilians. This comes after the initial attack on October 7, 2023, by Hamas, which killed about 1,200 people, including 815 Israeli and foreign civilians.
Halevi, who served as IDF chief of staff for the first 17 months of the war, also made a striking comment about the nature of the conflict. He described it as “not a gentle war,” adding, “We took the gloves off from the first minute.” He even suggested that Israel should have taken a tougher stance in Gaza before the October 7 attack. His statements were made during a conversation with residents of Ein HaBesor moshav, who had successfully defended their community against the Hamas assault two years prior.Palestinians
While insisting that the IDF operates within the bounds of international humanitarian law, Halevi made a stunning admission about the role of legal advice in military operations. Contrary to the official Israeli stance that military lawyers are involved in and constrain operational decisions, Halevi said that legal advice “not once” limited his or his subordinates’ military actions in Gaza or across the Middle East. He specifically noted that the military’s advocate general, Yifat Tomer-Yerushalmi, does not have the authority to restrict him.
Over 200,000 Palestinians confirmed dead
Halevi’s comments suggest that the primary role of military legal advisers is not to constrain operations but to help Israel defend its actions internationally. He was quoted as saying, “There are legal advisers who say: We will know how to defend this legally in the world, and this is very important for the state of Israel.” This perspective suggests that the legal counsel serves as a public relations tool rather than a genuine check on military actions.
Michael Sfard, an Israeli human rights lawyer, weighed in on these remarks, stating that they “confirm that the legal advisers serve as rubber stamps.” He explained that generals appear to view legal advisers as professionals whose advice can be taken or ignored, rather than as representatives whose legal positions define the boundaries of what is permissible or forbidden.
This perspective is further supported by a report from the Haaretz newspaper, which indicated that Halevi’s successor, Eyal Zamir, had also ignored legal advice from Tomer-Yerushalmi. The advocate general had reportedly recommended postponing displacement orders for an estimated one million Gaza City residents until proper facilities were in place in southern Gaza to receive them. The report notes that many of the casualties from recent Israeli strikes were people who either couldn’t or wouldn’t leave their homes, choosing to risk staying in the north rather than going to a southern area with no guarantee of shelter or safety from bombing.
