Règle correspondante
Israel
Practice Relating to Rule 15. The Principle of Precautions in Attack
Section B. Avoidance or minimization of incidental damage
Israel’s Manual on the Rules of Warfare (2006) states:
The rules of war have laid down a number of rules of engagement in a theatre of war containing civilians:
- The means of attack should be planned in such a way as to prevent or at least minimise casualties among the civilian population. 
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, pp. 27–28.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
In its judgment in the Public Committee against Torture in Israel case in 2006, Israel’s High Court of Justice stated:
Customary international law regarding armed conflicts protects “civilians” from harm as a result of the hostilities … From that follows also the duty to do everything possible to minimize collateral damage to the civilian population during the attacks on “combatants” (see Eyal Benvenisti, Human Dignity in Combat: the Duty to Spare Enemy Civilians, 39 ISRAEL LAW REVIEW 81 (2006). 
Israel, High Court of Justice, Public Committee against Torture in Israel case, Judgment, 14 December 2006, § 26.
In a briefing in 1982, the Israeli Ministry of Foreign Affairs declared that Israeli forces had taken all precautions to concentrate military operations against only “terrorist” targets to diminish incidental loss of civilian life. In the same briefing, Israeli officials stated that their forces had taken all necessary and possible precautions to protect individual civilians, the civilian population and civilian objects from the danger of military operations. 
Israel, Ministry of Foreign Affairs, Department of Information, Briefing No. 342/18.7.82/3.10.108, 18 July 1982.
The Report on the Practice of Israel states: “During the pre-attack planning phases, the IDF [Israel Defense Forces] incorporates all feasible precautions to ensure, as far as possible, that incidental civilian loss, injury or damage is minimized”. 
Report on the Practice of Israel, 1997, Chapter 1.6.
In 2006, Israel’s Ministry of Foreign Affairs stated:
In practice Israel does not adopt the position … that civilians in the vicinity of a military objective must “share the danger”, but rather takes significant efforts to avoid or minimize civilian casualties. Any such operation is considered on an individual basis in order to ensure that it meets the test of proportionality. Frequently this means the rejection of proposed military operations when the likelihood of collateral damage to civilians and their property is considered too high. On other occasions, it means that operations are conducted in such a way as to reduce the likelihood of incidental damage, in terms of the timing or operational aspects of the attack. 
Israel, Responding to Hizbullah Attacks from Lebanon: Issues of Proportionality, Legal Background, Ministry of Foreign Affairs of Israel, 25 July 2006, § 4.
In 2007, Israel’s Ministry of Foreign Affairs stated in a diplomatic note:
… it should be noted that even when civilians were in the vicinity of military objectives, Israel made significant efforts to avoid, and in any event to minimize, civilian casualties. Every operation was considered on an individual basis to ensure that it met the requirements of international law, including the test of proportionality. Frequently, this meant the rejection of proposed military operations when the likelihood of collateral damage to civilians and their property was considered too high. On other occasions, it meant that operations were conducted in such a way as to reduce the likelihood of incidental damage, in terms of the timing or operational aspects of the attack. 
Israel, Israel’s War with Hizbullah. Preserving Humanitarian Principles While Combating Terrorism, Diplomatic Notes No. 1, Ministry of Foreign Affairs of Israel, April 2007, pp. 14.
In 2008, in a background paper on Israel’s operations in Gaza, Israel’s Ministry of Foreign Affairs stated:
[I]n accordance with the established principles of international law, Israel seeks to avoid or minimize civilian casualties. Each operation and target is considered on an individual basis in order to ensure that it meets the tests of distinction and proportionality. Frequently this means the rejection of proposed military operations when the likelihood of collateral damage to civilians and their property is considered too high. 
Israel, Ministry of Foreign Affairs, Background paper, Responding to Hamas Attacks from Gaza: Issues of Proportionality, December 2008, § 4.
In 2009, in a report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009 (the “Gaza Operation”, also known as “Operation Cast Lead”), Israel’s Ministry of Foreign Affairs stated:
The document [operational order] further confirmed the importance of minimising incidental harm to civilians and civilian facilities. The operational order provided that … “any attack on a legitimate target was to be planned to minimise collateral harm to civilians and civilian objectives, including by the determination of: the attack timing, the means of attack, the direction of attack, etc.” 
Israel, Ministry of Foreign Affairs, The Operation in Gaza 27 December 2008–18 January 2009: Factual and Legal Aspects, 29 July 2009, § 225.
The report further stated|:
Even where a target was authorised in advance, the IDF [Israel Defense Forces] examined proportionality again immediately prior to the attack on the basis of real time data available to the person executing the attack. Thus, for example, when a pilot approaching a target identified the potential for disproportionate collateral damage, he or she would refrain from attacking the target or even – when possible – would divert a missile already fired, as occurred occasionally during the Gaza Operation. These rules of engagement applied fully during the Gaza Operation. 
Israel, Ministry of Foreign Affairs, The Operation in Gaza 27 December 2008–18 January 2009: Factual and Legal Aspects, 29 July 2009, § 252.
[footnote in original omitted]
In July 2010, in a second update of its July 2009 report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009, Israel’s Ministry of Foreign Affairs stated:
IDF [Israel Defense Forces] orders include the obligation to take all feasible precautions in order to minimize the incidental loss of civilian life or property, such as by adjusting the timing of an attack, the means of attack, and the direction of attack, as well as aborting attacks under certain circumstances. 
Israel, Ministry of Foreign Affairs, Gaza Operation Investigations: Second Update, 19 July 2010, § 58.