Guest Opinion | William Paparian: “What’s Past is Prologue”

As it considers supporting a ceasefire in Gaza, the Pasadena City Council would be well served to remember the Law of Armed Conflict (LOAC) and the core principles of International Humanitarian Law: distinction, military necessity, proportionality, and humanity.

The LOAC principle of distinction requires that military forces must always distinguish between military and non-military personnel as well as military and non-military targets. How does Israel adhere to this principle in Gaza when the military wing of Hamas hides within the civilian population and does not wear uniforms? How does Israel adhere to this principle in Gaza when the Hamas military infrastructure in embedded within the civilian infrastructure?

Pursuant to the LOAC principle of distinction, certain areas are presumed to be civilian in nature and must be assured of protection from military attack. Nevertheless, hospitals have been attacked based on the claim that they have lost their protected status because Hamas has used them for military purposes.

Under the LOAC principle of military necessity, an attacking force is not permitted to destroy “objects indispensable to the survival of the civilian population.”  Nevertheless, Gaza has been subjected to a severe blockade by Israel which has drastically limited the receipt of relief supplies including food, water, and medicine. Israel also regularly cuts of electricity and communications to Gaza.

The LOAC principle of proportionality requires the balancing of the military advantage sought against the damages and civilian losses associated with it. Have the foreseeable civilian casualties in Gaza remained proportionate to the military advantage Israel is seeking against Hamas?

The horrific collateral damage we have witnessed in Gaza has resulted in most of the civilian population being displaced. Civilian deaths are more than 30,000, most of whom have been women and children. The number of wounded is more than twice the number of dead.

The LOAC principle of humanity forbids inflicting suffering, injury, or devastation unnecessary to accomplishing a legitimate military purpose.

The goal of Israel in Gaza has been to destroy the military force that massacred its citizens on October 7, 2023, and is still holding hostages. But that military force does not adhere to the LOAC and refuses to adhere to the requirements of lawful combatants, thereby ensuring that any military action against it will result in substantial civilian casualties. How does Israel adhere to the LOAC when Hamas hides among the civilian population, does not wear uniforms, openly carries weapons, and has built a massive tunnel system under houses, hospitals, and mosques?

In Shakespeare’s The Tempest, Antonio utters the phrase “what’s past is prologue.” 

The phrase that Shakespeare invented came to mean that the past is a preface to the future – we cannot forget the lessons of history.

On March 10, 2003, the Pasadena City Council considered adopting a resolution opposing the Iraq War. A discussion ensued on municipal vs. national affairs and the propriety of taking positions on national affairs. 

Victor Gordo made the motion to adopt the resolution. The motion was supported by Steve Madison but failed on a 3/3 split vote with two members of the council being absent. Mayor Bogaard, who voted against the proposal, made sure that it was never brought back on the city council agenda and considered again. 

If Shakespeare is right, and the past is prologue, in considering a Gaza War cease fire resolution, there will be another discussion, just like there was 21 years ago, about the Pasadena City Council adopting resolutions on issues beyond municipal concern. There will be impassioned pleas heard in the council chamber both for and against adopting the resolution. But when the dust has settled, will the resolution be adopted? What is past is prologue.

Attorney William Paparian is a former Mayor of Pasadena.