When you’re in a hospital bed you are de facto refraining from any act of hostility. They aren’t active combatants in a hospital room no matter how much the IDF would like you to believe that.
Conveniently ignoring this doesn’t make your point true: being part of a terrorist organization that just committed a massacre on Oct 7 and is still holding hostages, planning a terrorist attack and carrying a gun are certainly NOT “refraining from any act of hostility”.
Your point would have been defensible if those three terrorists 1- surrendered and left Hamas, 2- weren’t carrying arms (at least one of them was carrying a gun), 3- weren’t accused of planning another terrorist attack and 4- didn’t commit perfidy by hiding as civilian patients in the hospital. Still being active members of Hamas and Islamic Jihad, with one of the three being a commander, IS an act of hostility.
It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The following acts are examples of perfidy:
(a) The feigning of an intent to negotiate under a flag of truce or of a surrender;
(b) The feigning of an incapacitation by wounds or sickness;
(d) The feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.
If you think dressing up as women and doctors doesn’t count as feigning of civilian status, oh boy do I have a bridge to sell you.
Conveniently ignoring this doesn’t make your point true: being part of a terrorist organization that just committed a massacre on Oct 7 and is still holding hostages, planning a terrorist attack and carrying a gun are certainly NOT “refraining from any act of hostility”.
Your point would have been defensible if those three terrorists 1- surrendered and left Hamas, 2- weren’t carrying arms (at least one of them was carrying a gun), 3- weren’t accused of planning another terrorist attack and 4- didn’t commit perfidy by hiding as civilian patients in the hospital. Still being active members of Hamas and Islamic Jihad, with one of the three being a commander, IS an act of hostility.
https://www.ohchr.org/en/instruments-mechanisms/instruments/protocol-additional-geneva-conventions-12-august-1949-and
If you think dressing up as women and doctors doesn’t count as feigning of civilian status, oh boy do I have a bridge to sell you.