- cross-posted to:
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- cross-posted to:
- [email protected]
The IDF revealed on Friday, what it described as intelligence showing a Hamas command center located under a the Shifa Hospital in Gaza City. In a briefing, Rear Admiral Daniel Hagari told members of the foreign press corps that there are areas in the hospitals that are used by Hamas to direct its military operations.
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)