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IDF reveals Hamas command posts in and beneath Gaza hospital
(www.ynetnews.com)
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this post was submitted on 27 Oct 2023
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Do Israeli leaders know that when a terrorist uses “human shields,”, you aren’t supposed to kill the “human shields”? You’re supposed to prove you’re better than the terrorist by valuing civilian life.
“Human shields” in quotes because they seem to think Hamas using tunnels makes all of Gaza a human shield. But if you value human life on the x and y axis and kill civilians on the z axis, you’re still a war criminal. Real life is 3D.
Not quite - you are meant to respond in a proportional way and minimise civilian casualties. It sucks, but civilians die in war and this must be minimal.
Level the whole building - non proportional, didn't minimize casualties, probably a war crime (as it is a military target it may be considered acceptable).
Blockades to remove hamas strength and stop aid supplies that aren't getting to civilians anyway- proportional and minimises as opposed to what else can be done.
Restricting resources then invasion - legal to remove a threat, proportional, minimize casualties.
Interestingly this is the exact same response a police force will do if someone blockades themselves inside a building with human shields and takes pot shots at everyone walking past - starve, remove strength and resources, get as many hostages out as you can then invade it.
Using civilians as a human shield in a state-state conflict is a war crime, however if hamas is considered a terrorist organization rather than a state it is no longer war and not technically a war crime. I believe other laws come into play however, its been a while.
I don’t have a problem with crushing the Al-Qassam Brigades or crushing Hamas leadership structure. I do have a problem with the loose definition of human shield and pretending the health ministry is the Al-Qassam Brigades.
I root for team civilian but even if I had a special place in my heart for Israel, I think what they’re doing is counterproductive. Every civilian killed means two terrorists a few years from now.
From what I understand, putting militarily installations in places of worship, schools, hospitals and similar, is a war crime even in non-international conflicts.
Been a few months since I looked at the finer details - something about the rules of war only applying in state-state war as state-non state is a conflict, not a war and as such could not be done for a war crime. However could be done for crimes against humanity which would follow a different process. Things like Somali pirates were excempt from war crimes as they were a non-state actor even though they targeted civilian shipping and went against military forces.
Either way - it is globally acknowledged it shouldn't be done and hell should be brought down on the perpetrators from the international level. Hamas was also the elected government (i think) so it is a state-state war.
I'm obviously not a lawyer so take this with a heap of salt but Article 8, 2. e) seems to explicitly specify war crimes for non-international conflicts:
https://www.un.org/en/genocideprevention/war-crimes.shtml
That's just saying they can hold a trial in absentia for non members, it's not binding but it's shows international stance.
Neither - just studied a bit at uni.
Ah I see Israel skipped this step because they don't care about the hostages (and neither does Egypt for that matter)
That’s not what the geneva convention says. The right of self defense takes precedence. So according to international law those locations become valid targets. They are not “supposed to keel over and die”, that’s not valuing their own lives.
It stopped being self defense a while ago bud