HAMAS, FROM ISLAMIC REVIVAL-MOVEMENT TO PALESTINIAN 

GOVERNMENT

ASTRID ESSED AUGUST 2006

Contary to the leading opinions of the American-European politicians and media, the main aim of Hamas in calling for the “destruction” of the State of Israel, is not to kill or expel the Israeli-Jewish population, but to dismantle the zionistic State Model and to make an end to the 39-year Israeli occupation and settlement policy.

In the Palestinian elections January 25, 2006, Hamas obtained a startling victory.  Of the 132 seats of parliament, the Hamas party, which for the first time was participating in the parliamentary elections, obtained 74 seats, in contrast with the then-reigning Fatah Party, which obtained a mere 43 seats.  The remaining 13 seats were obtained by different smaller political parties, as well as independent candidates.

This great victory for Hamas was no surprise, considering the ongoing corruption of the Fatah-government versus the fundamental political and military resistance by Hamas against the Israeli occupation, as well as the Hamas social activities on behalf of the impoverished population of Palestine, especially Gaza.

In spite of this, leading American-European politicians, as well as the newsmedia, not only showed great astonishment at Hamas’ victory, they also demanded that Hamas renounce the violence against Israel and also acknowledge the State of Israel – and made this demand the condition of continued financial support to the Palestinian Authority.

When the newly-formed Hamas government refused to agree with those American-European demands, the American and Canadian governments, as well the European Union, decided to freeze the financial support to the Palestinian Authority, a measure which mainly affected the already seriously impoverished Palestinian civilian population, since at least 45% of the population [some reports put the number as high as 70 %] are living below the poverty-rate and 15% are living in extreme poverty.

Nutrition, education and medicine have been the areas most affected by the financial and economic boycott of Palestine.  Moreover, 250,000 Palestinians depend on Palestinian Authority salaries, and these government employees support nearly one million people, or 20% of the total Palestinian population.  However, due to the American-European boycott, salaries haven’t been paid since January, and the families of the government employees have had to bear the consequences.

Not only are the boycott measures morally reprehensible in regard with the humanitarian consequences for the Palestinian civilian-population, they have also led to mounting tensions within the Palestinian society.

Many international non-governmental organizations, as well as a number of United Nations agencies, have harshly criticized the economic boycott and blockade of Palestine.

Another consequence of the boycott is that, as a result of the freezing of European Union (EU) financial support, Hamas shall receive increased financial aid from the governments of the Arab and other Islamic countries.  This will lead to the lessening of EU political influence regarding the Israeli-Palestinian conflict, and the strengthening of the influence of regimes adhering to more radical political Islamic ideologies, such as Iran.  Recently a number of Arab governments, and Iran, have either given or promised financial aid to the Hamas government.

No doubt aware of the above-mentioned political consequences of the diminishing EU influence regarding the Middle-East, the EU, represented by EU Commissioner Louis Michel (former Belgian minister of foreign affairs), has set aside a sum of 34 million euros for emergency aid to the Palestinian territories.  This aid is to be delivered outside of the Palestinian government, mainly through non-governmental organizations (NGOs).

Also the World Bank, which has predicted an increasing humanitarian crisis in the Palestinian territories, is exploring, in direct cooperation with the ‘Quartet for Mideast Peace made up of the EU, USA, the Russian Federation and the UN, to resume financial aid to the Palestinian population, by going outside of Hamas channels, bypassing the Hamas-led Palestinian government by providing the aid by way of NGOs which are active in the area.

Double standards:

The basis of the American-European boycott of the financial aid to the Palestinian Authority lies in the refusal of Hamas to renounce violence against Israel and to acknowlegde the State of Israel.
A further argument given in support of the boycott is the fact, that Hamas has played a major role in the incitement to suicide attacks against Israeli civilians and is still continuing this strategy.

It is self-evident that suicide-attacks as military attacks on civilians are not only inhuman, but also illegal according to International Law.  But what is seldom mentioned by the EU and the American-European governments are that these attacks are a matter of cause and effects, since they have been the result of the now 39 years of Israeli occupation of Palestinian land — an occupation which is in violation of the unanimously-accepted UN-Security Resolution 242 of 1967, in which Israel was required to withdraw its troops from the territories conquered during the June 1967 war, including the Palestinian territories.

Also, the boycotting countries are ignoring the fact that the attacks by Hamas do not consist solely of suicide-attacks, but also of the internationally-recognized legitimate acts of defense by an occupied population against the occupying military force — in this case, the Israeli army.

Repeatedly, the Hamas leadership has declared, both pre- and post- the January elections, the group’s willingness to renounce violence against Israel, as soon as Israel is prepared to end its occupation of the Palestinian territories [ie. its international obligation under UN Security Council Resolution 242], to dismantle its settlements in the Palestinian territories, which are illegal according International Law [see also UN-Security Council Resolution 1979], to dismantle the Wall, which is being built across occupied Palestinian territories [see verdict of the International Court of Justice dated 9-7-2004], and its acknowledgement of the internationally-recognized right of return for Palestinian refugees, a right which is confirmed by General Assembly Resolution 194.

All of the Hamas movement’s demands are based on International Law, confirmed by the above-named United Nations resolutions, and are therefore absolutely legitimate demands that should be recognized as such by the international community.

What is striking in this particular case, however, is that the American-European boycotting goverments are demanding that Hamas completely disarm on the one hand, while on the other hand, making no clear demands on Israel regarding the implementation of the above mentioned UN resolutions, which were voted for by many of these same American-European States.

Also this double standard is being applied in regard to Israeli and Palestinian violence.

Although the condemnation of suicide-attacks against Israeli civilians is correct and justified, there is however a strong undervaluation of the serious character of the Israeli human rights violatons and war-crimes which have been committed by the Israeli army since the beginning of the occupation in 1967 (and before).

It is also significant to mention that from EU-side there is no real political pressure on Israel to end the occupation and withdraw from the Palestinian territories.  Seen from that perspective, the American-European criticism against Hamas lacks moral credibility, as the boycotting nations are choosing to call for the enforcement of international law on a very selective basis.  Why should international human rights standards only apply to Hamas?  Why should they not apply to Israel as well?

The false international perception of Hamas ideology

It is a common standard in nearly all American-European newsmedia, as well in statements of politicians, to mention repeatedly that the Hamas ideology is associated with the “destruction” of the State of Israel.

In the context in which this statement is made, it is almost always implied that by calling for Israel’s “destruction”, Hamas intends to expel the Jewish-Israeli inhabitants out of the present Israel or even to kill them.

Before trying to unmask this stubborn American-European assumption I want to throw some light on the political history of the Hamas

Hamas [abbreviation of Harakat al-muqâwama al-islâmiyya, which means islamic resistanc emovement] was founded in 1987 as a religious-nationalistic resistance-organisation with Sheikh Ahmed Yassin as the spiritual leader.  He was killed in an Israeli airstrike in March 2004, which, being an extra-judicial execution, not only killed him but also killed 7 other innocent bystanders.

However, since the beginning of the eighties, there was a predecessor of Hamas, also under the leadership of Sheikh Yassin, which was mainly an islamic revival movement, mostly directed toward social and charitable goals.

Although that movement of course opposed the Israeli occupation, it did not promote violent resistance, since the group considered the Israeli occupation as a punishment of God because of the lack of religious devotion in Palestine.

In other words, this revival-movement was meant to make the Palestinian population return to the basics of Islam, as explained by the movement, in their daily life.

This revivalist-ideological movement was supported financially by Israel, supposedly as a ‘counterbalance’ to the Palestine Liberation Organization, led by Yasser Arafat, which was, in combination with the al-Fatah organization, the most powerful resistance movement against the Israeli occupation at that time.

Even when the official Hamas organization was founded in 1987, initially there was no real resistance against the occupation, despite the anti-zionistic Charterof the group, written in 1988.

Only in the post-Oslo era (1993 on) did the Hamas organization became part of the resistance, resulting in military attacks against the Israeli occupation army, and, beginning in 1994, in suicide-attacks against Israeli civilians.  The immediate cause of the first suicide-attack was the 1994 massacre by the Jewish-Israeli extreme-rightwing terrorist, Dr. Baruch Goldstein, on 29 Palestinians who were praying Palestinians in the Cave of the Patriarchs in Hebron.

The Hamas Charter

An analysis of the Hamas Charter, that consists of 36 articles, reveals that the purpose of the group is to form a religious resistance against the Israeli occupation, as well as advocating for the dismantlement of the zionistic State of Israel, to be replaced by an Islamic Palestinian State with equal rights for all the inhabitants and religious freedom regarding Jews and Christians.

Seen from this perspective, the Charter has an anti-colonialistic character, because of its fundamental criticism of the colonial character of the foundation of the State of Israel in historical Palestine, first as a colony of the Turkish-Ottoman Empire, and after World War I, a British Mandate-area.

Following the plans of the European zionist movement, the foundation of a “Jewish” State in historical Palestine took place in 1948, based on UN General Assembly Resolution 181, passed in 1947, which supported the division of Palestine into a Jewish and an Arab part.  The Resolution was made without any consultation of the indigenous Palestinian population, despite the fact that the Palestinians, along with the surrounding Arab states, had proposed at that time an alternative plan that would allow for Jewish immigration into Palestine without the separation of the state into “Jewish” and “Arab” areas, but that alternative was rejected by the United Nations, under pressure from the European Zionist movement.

It is of importance to mention here, that the objections of the Palestinians to Resolution 181 were not against the settlement of Jewish people in Palestine, but against the division of their country in two different States.

Apart from that, the Hamas movement is within its rights under international law to challenge the existence of the Zionist State of Israel in its current form, as the State of Israel in its current form is, at its basis, discriminatory against non-Jews.  

One of the most striking examples of the discriminatory basis of the State of Israel is the fact that any Jewish man, woman or child in the world has the right to settle in Israel, while the internationally-recognized right of return of the Palestinian descendants of the 750,000 Palestinians expelled by Zionist militias in 1948, a right confirmed in General Assembly Resolution 194, passed in 1948, is not acknowledged by Israel.

The statements often made by the American-European politicians and newsmedia that Hamas wants to expel or even kill the Israeli-Jewish inhabitants of Israel is made based on a false reading of the Hamas Charter.

Although in the Charter, reference is made to “the Jews”, a thorough reading makes clear that this is a reference to the Israeli zionist system and the Israeli occupation, and not to the Jews as an ethnic-religious group.  In Hamas bulletins, the group never refers to “the Jews” as such, but rather to the “zionist enemy” or the “zionist entity” – a reference to the political basis of the state of Israel, _not_ to Jewish people as an ethnic or religious group.

Suicide-attacks

In any mention of Hamas in the American-European press, emphasis is always made on the suicide-attacks against Israeli civilians for which Hamas bears responsibility.  It is evident that suicide-attacks are not only inhuman, they are also serious violations of International Humanitarian Law, which states that in any military conflict a clear distinction must be made between combatants [soldiers or fighters] and non-combatants [civilians].

From that point of view it is completely right that those attacks are being severely condemned by the International Community.

But it is important to realize that the cause of those suicide-attacks are rooted in the Israeli occupation of all Palestinian land since 1967.  The attacks began in 1994 after nearly thirty years of continuous oppression, humiliation and unpunished war crimes by Israeli forces in Palestine with no international enforcement of United Nations Resolutions that both recognized and condemned the Israeli actions and war crimes.  

Still, this is no justification whatsoever for any resistance group to also commit war crimes.  According to International Law it is illegal to respond to a violation of one’s human rights by committing a reciprocal violation, even in regard to an occupation.

On the other hand, any military action against an occupation army is considered legitimate resistance by an occupied population against the occupying power.  However, there is little international attention to the fact that an important part of Hamas’ strategy is also the use of this legitimate resistance method.

It is worth noting that Israel, as well as the USA, qualify those military attacks against the occupation army as ‘terrorist acts’, ignoring the internationally-recognized legitimacy of such acts.

Recently, Mr. Solana, Secretary-General of the Council of the European Union, has confirmed the right of resistance against a foreign occupation.

The Israeli extrajudicial assassination policy

One policy of Israel that is both morally reprehensible and a violation of international law is the policy of extrajudicial assassinations of the leaders and activists of the Palestinian resistance movements like Hamas.

These assassinations began in the beginning of the 1970s and have continued until the present day.  Each successive Israeli government that has been elected has continued the policy unquestioningly.

Israeli assassinations of suspected Palestinian resistance fighters and leaders have taken a number of forms: the frontal shootings of cars, the exploding of mobile telephones and the current method: ‘assassination-by-missile’ – airstrikes by Israeli warplanes onto suspected cars or homes, regardless of whether the target is in a crowded refugee-camp, in a flat full of civilian apartments, or in a marketplace.  All of these have been the sites of missile strikes by Israeli forces in attempted extrajudicial assassinations.

These attacks are severe violations of International Law, which states that every human being has a right on a fair and independent trial.

In the extrajudicial assassinations, which are still being carried out by Israeli forces on a nearly-daily basis, in many cases civilian bystanders are also killed.

In those cases, the extrajudicial assassinations become not just violations of international law, but war crimes.  The fact that civilians are nearly always present at the assassination sites [streets, market-places, cars, apartments and refugee-camps] leads to a high probability of civilians being killed – this is a direct violation of the Fourth Geneva Convention’s Principle of Proportionality, and thus is considered internationally to be a war crime.

However, despite the high humanitarian risk for the civilian population, the current Israeli Prime Minister Olmert has made clear that those airstrikes are to be continued, despite the continuous loss of Palestinian civilian lives.

It is a striking example of Western ‘selective indignation’ that this Israeli policy of extrajudicial assassinations, which nearly always leads to civilian casualties, is not criticized as harshly as Hamas’ incitement toward suicide-attacks.

No sanctions have been taken against Israel in regard with thosde extrajudicial executions, as well the indiscriminate military attacks on Gaza.  But all financial assistance has been cut to the Hamas-led Palestinian Authority.

Regarding this issue, Israel, being the occupying country, bears the lion’s share in the escalation of the present conflict.  The EU, which claims to consider Palestinian humanitarian concerns in its policies, must be held accountable for its hypocritical double standard in the enforcement of international law in this conflict.

Social-charitable Hamas-activities

One aspect of Hamas’ activities that has long been undervalued internationally is the fact that Hamas has been engaging in social and charitable activities on behalf of the most impoverished in the two Palestinian territories, the Gaza Strip and the West Bank.  Ironically, by doing this, Hamas is fulfilling the international-judicial obligation of the Israeli occupying power to take care of the humanitarian needs of the occupied Palestinian population – an obligation that Israel has failed to fulfill.

According one of the most important articles of the 4th Geneva Convention, an occupying power is responsible for the safety, well-being and the welfare of the occupied population, a population which, while under occupation, become “protected persons” – a class of people that have special rights under international law.

The impoverished situation of the Palestinian population is being intensified each day by the Israeli military attacks in Gaza and the West-Bank, which have also resulted in serious human rights violations and war crimes.

When such Israeli measures were taken in the past, Hamas has increased its efforts to support the most impoverished part of the population.  Donors for the projects, which include schools, hospitals and daycare centers, have come from all over the world, but mainly from the Arab world.  Hamas gained a reputation as a focused and devoted group that did not steal money for themselves and their own enrichment (as was the reputation of the ruling Fateh party), but dedicated funding to numerous projects that benefited the least-well-off of the Palestinian society.

Of course, this led to a great popularity of Hamas and the striking outcome of the elections.

Ongoing Israeli violations

In both Gaza and the West Bank, massive home demolitions of Palestinian homes have been carried out by Israeli forces, which is forbidden according to article 53 of the Fourth Geneva Convention.
Also, in Gaza especially, the border with Israel is often completely closed, causing tens of thousands of Palestinians who work in Israel to lose their jobs — their only means of livelihood.

In July and August 2006, Israeli forces have not only closed the border with Gaza, but also bombed parts of the infrastructure [bridges and main roads], which caused considerable damage and has cut off the water and electricity supply for the entire population.  This was done, according to Israel, as a retaliatory measure for the abduction and imprisonment of an Israeli soldier by Palestinian resistance fighters on June 25th.

Retaliatory measures such as these, as collective punishment of an entire population, are serious breaches of International Law.  In particular, article 33 of the Fourth Geneva Convention forbids any collective punishment.

Epilogue:

In this article I’ve tried to make clear, that not only is the American-European freezing of the financial help to the Palestinian Authority is immoral, because it is at the cost of the impoverished Palestinian population, it is also a double standard to condemn the violence of Hamas, while not condemning the ongoing violence of the Israeli occupation of Palestine.

No resistance organisation in the world can be expected to lay down their arms while the occupation and oppression they are resisting is allowed to continue in the most extreme way.

However, it must also be noted that a resistance movement must also adhere to its obligations according to International Law.

The international community, particularly the European-American nations that have chosen to boycott the Hamas-led Palestinian government, must respect the stand taken by Hamas against the Israeli occupation and settlement expansion policy, as well as Hamas’ fundamental resistance against the zionistic State-model of Israel.  This must not be done by closing our eyes to the serious human rights violations of the group by the part it has played in suicide-attacks against Israeli civilians, but neither can we close our eyes to the ongoing human rights violations by Israel.

I sincerely hope that Hamas will not yield to the growing American-European political pressure to make the Israeli occupation and settlements policy points of negotiation.

But if Hamas really wants to be respected internationally, the group must refrain from attacks on Israeli civilians.

Every human being, whether Palestinian or Israeli, has the right on the same humane treatment and in my opinion, even living under an occupation as severe as the Israeli occupation of Palestine does not give a person or group the right to violate the rights of their occupiers.

Astrid Essed
Amsterdam
The Netherlands

“Power in defense of freedom is greater than power on behalf of tyranny and oppression.”
-Malcolm X

Sources:

Universal Declaration of Human Rights:
http://www.unhchr.ch/udhr/lang/eng.htm

The 3th Geneva Convention, relative to the treatment of prisoners of war:
http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6fef854a3517b75ac125641e004a9e68

The 4th Geneva Convention, relative to the protections of civilian persons in time of war:
http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6756482d86146898c125641e004aa3c5

http://www.palestinecenter.org/cpap/documents/charter.html

http://en.wikipedia.org/wiki/Hamas

http://electronicintifada.net/v2/article4837.shtml

http://www.reliefweb.int/library/documents/2006/ocha-opt-11apr.pdf

Israeli human rights violations:

http://hrw.org/english/docs/2006/06/29/isrlpa13662.htm

http://hrw.org/english/docs/2006/06/20/israb13595.htm

http://hrw.org/reports/2005/iopt0605/

http://hrw.org/english/docs/2005/12/22/isrlpa12345.htm

Hamas human rights violations:

http://hrw.org/english/docs/2005/06/09/isrlpa11106.htm

http://hrw.org/english/docs/2006/01/30/isrlpa12549.htm

http://hrw.org/english/docs/2006/01/29/isrlpa12543.htm

Israeli discriminatory measures against Palestinian-Arab children in the Israeli education-system:

http://hrw.org/reports/2001/israel2/JILPfinal.pdf

Israeli discriminatory laws:

http://hrw.org/english/docs/2005/05/23/isrlpa11000.htm

http://hrw.org/english/docs/2005/05/23/isrlpa11003.htm

Beste lezers,

Onderstaand een van de mails, die ik aan diverse kranteredacties gestuurd heb,

met als titelkop: ”Hamas aanval/Recht op verzet tegen de Israelische bezetting

Zie ook

VEEL LEESPLEZIER!

ASTRID ESSED

TITEL MAIL:

Hamas aanval/Recht op verzet tegen de Israelische bezetting

Van: Astrid Essed <astridessed@yahoo.com>
Verzonden: woensdag 11 oktober 2023 02:41
Aan: hetlaatstewoord@parool.nl; redactie@parool.nl
Onderwerp: Hamas aanval/Recht op verzet tegen de Israelische bezetting

INGEZONDEN STUK

Geachte Redactie

De 7 october verrassingsaanval van Hamas in het Zuiden van Israel met meer dan 2000 raketten, ”Operatie

Aqsa Storm” genaamd, heeft mij

verrast, maar niet verbaasd.

Het was een bloedige aanval, waarbij een groot aantal burgers in Israelische

dorpjes werd gedood [volgens de Israelische autoriteiten tenminste 1200 slachtoffers]  of ontvoerd en er zeker 250 doden te betreuren waren

na een soortgelijke aanval op een Festival bij kibboets Re”im.

En natuurlijk verdient dit veroordeling, aangezien het

targetten van burgers niet alleen inhumaan is, maar verboden volgens

het Humanitair Oorlogsrecht, dat onderscheid gebiedt tussen

combatanten [militairen en strijders als legitiem doelwit] en

non-combatanten [burgers dus, die beschermd dienen te worden]

Ik kan dus het algemene meeleven met de slachtoffers wisselen, dat voel ik

zelf ook.

Maar daar stopt mijn begrip.

Want de hysterische ”wij staan achter Israel” reacties uit  vooral de Westerse Wereld, met een grotesk vertoon van Israelische vlaggen,

[in Amsterdam, op het Binnenhof, in Rotterdam gelukkig niet] is niet alleen hypocriet.

Het is weerzinwekkend.

Weerzinwekkend, omdat het steun uitdrukt aan Israel als Staat en daarop

is heel wat af te dingen.

Want de bloedige Hamas aanval en gijzelingsoperatie leidt af van het

feit, dat Israel sinds 1967 bezetter is van de Westelijke Jordaanoever,

Oost-Jeruzalem en Gaza [bezet volgens het Internationaal Recht omdat

Israel grenzen en luchtruim controleert]

Niet alleen weigert Israel zich terug te trekken ondanks VN Veiligheidsraads

resolutie 242 [1967], maar voert al decennialang een keiharde onderdrukking, maakt

zich schuldig aan foltering, administratieve detentie, militaire aanvallen

in Gaza en de Westelijke Jordaanoever met in de loop der tijden

duizenden Palestijnse burgerdoden als gevolg, de bouw [sinds

eind zestiger jaren] van illegale nederzettingen op bezet Palestijns land [landdiefstal dus],

buitengerechtelijke executies, etc

En ondanks deze keiharde bezetting heeft de EU nooit enige sanctie tegen Israel ondernomen,

wat hen medeplichtig maakt aan de Israelische bezetting en onderdrukking.

Volgens Internationaal Recht heeft ieder volk het recht, zich te verzetten

tegen een bezetting, ook gewapender hand.

Hierin staat Hamas, en welke Palestijnse organisatie ook, dus geheel

in haar recht, maar moet afzien van aanvallen op burgers.

Ik ben trouwens benieuwd of de EU Israel, dat nu een bloedige tegenactie

in Gaza lanceert en de Gazaanse bevolking van water, medicijnen en

levensmiddelen heeft afgesloten, net zo zal veroordelen als zij

Hamas heeft gedaan.

Astrid Essed

Amsterdam

HAMAS AANVAL OP ISRAEL OCTOBER 2023/RECHT OP VERZET TEGEN ISRAELISCHE BEZETTING

VOORAF

Beste Lezers

Naar aanleiding van de op 7 october anno Domini 2023 aangevoerde

Hamas aanval op Zuid-Israel [1], de daaropvolgende hysterische Westerse

pro Israel reacties, compleet met het van Gemeentewege ophangen van

Israelische [bezettings] vlaggen [2] en de daaropvolgende Israelische

uithongeringsafsluiting van Gaza [wat ik beschouw als nazi-methodes,

alle pro Israel hysterie ten spijt en neen, ik heb GEEN spijt van deze uitspraak]

[3] heb ik onderstaand Ingezonden Stuk naar een aantal kranteredacties toegestuurd.

Het zou mij zeer verbazen, als een redactie de moed heeft, mijn stuk,

te plaatsen, dat komaf maakt met de hysterische pro Israel retoriek van EU Schurken [4],

die door hun gebrek aan handelen tegen Israel medeplichtig zijn

aan alle door Israel aangerichte Bezettingsellende. 

Daarom dit stuk met u gedeeld

Zie direct hieronder mijn Ingezonden Stuk

En daaronder de noten

VEEL LEESPLEZIER

EN OP NAAR DE BEVRIJDING VAN PALESTINA!

ASTRID ESSED

INGEZONDEN STUK

Geachte Redactie

De 7 october verrassingsaanval van Hamas in het Zuiden van Israel met meer dan 2000 raketten, ”Operatie

Aqsa Storm” genaamd, heeft mij

verrast, maar niet verbaasd.

Het was een bloedige aanval, waarbij een groot aantal burgers in Israelische

dorpjes werd gedood [volgens de Israelische autoriteiten tenminste 1200 slachtoffers]  of ontvoerd en er zeker 250 doden te betreuren waren

na een soortgelijke aanval op een Festival bij kibboets Re”im.

En natuurlijk verdient dit veroordeling, aangezien het

targetten van burgers niet alleen inhumaan is, maar verboden volgens

het Humanitair Oorlogsrecht, dat onderscheid gebiedt tussen

combatanten [militairen en strijders als legitiem doelwit] en

non-combatanten [burgers dus, die beschermd dienen te worden]

Ik kan dus het algemene meeleven met de slachtoffers wisselen, dat voel ik

zelf ook.

Maar daar stopt mijn begrip.

Want de hysterische ”wij staan achter Israel” reacties uit  vooral de Westerse Wereld, met een grotesk vertoon van Israelische vlaggen,

[in Amsterdam, op het Binnenhof, in Rotterdam gelukkig niet] is niet alleen hypocriet.

Het is weerzinwekkend.

Weerzinwekkend, omdat het steun uitdrukt aan Israel als Staat en daarop

is heel wat af te dingen.

Want de bloedige Hamas aanval en gijzelingsoperatie leidt af van het

feit, dat Israel sinds 1967 bezetter is van de Westelijke Jordaanoever,

Oost-Jeruzalem en Gaza [bezet volgens het Internationaal Recht omdat

Israel grenzen en luchtruim controleert]

Niet alleen weigert Israel zich terug te trekken ondanks VN Veiligheidsraads

resolutie 242 [1967], maar voert al decennialang een keiharde onderdrukking, maakt

zich schuldig aan foltering, administratieve detentie, militaire aanvallen

in Gaza en de Westelijke Jordaanoever met in de loop der tijden

duizenden Palestijnse burgerdoden als gevolg, de bouw [sinds

eind zestiger jaren] van illegale nederzettingen op bezet Palestijns land [landdiefstal dus],

buitengerechtelijke executies, etc

En ondanks deze keiharde bezetting heeft de EU nooit enige sanctie tegen Israel ondernomen,

wat hen medeplichtig maakt aan de Israelische bezetting en onderdrukking.

Volgens Internationaal Recht heeft ieder volk het recht, zich te verzetten

tegen een bezetting, ook gewapender hand.

Hierin staat Hamas, en welke Palestijnse organisatie ook, dus geheel

in haar recht, maar moet afzien van aanvallen op burgers.

Ik ben trouwens benieuwd of de EU Israel, dat nu een bloedige tegenactie

in Gaza lanceert en de Gazaanse bevolking van water, medicijnen en

levensmiddelen heeft afgesloten, net zo zal veroordelen als zij

Hamas heeft gedaan.

Astrid Essed

Amsterdam 

NOTEN 1 T/M 4, BEHORENDE BIJ ”VOORAF”

VOORAF:

OPMERKING ASTRID ESSED

GOED STUK, VERTOLKT GROTENDEELS MIJN

MENING OVER DE OCTOBER 2023 OORLOG

 ISRAEL EN  HAMAS

WANT HET DODEN EN VISEREN VAN BURGERS,

AAN WELKE KANT VAN HET SPECTRUM OOK, IS

EN BLIJFT VOOR MIJ ONACCEPTABEL, HOE

GERECHTVAARDIGD OOK JE VERZET

ASTRID ESSED

HAMAS-VRIENDJE

FRONTAAL NAAKT [PETER BREEDVELD]

9 OCTOBER 2023

Sterke 9/11-vibes na de aanval van Hamas op Israël. In navolging van EU-voorzitter Ursula von der Leyen verklaarden zowel Mark Rutte als Jesse Klaver dat Israël het recht heeft zich tegen deze terreur te verdedigen. We weten inmiddels hoe Israël zich verdedigt: door zoveel mogelijk Palestijnen aan gort te bombarderen.

Daar moeten wij het verplicht mee eens zijn in dit vrije deel van de wereld. Wierd Duk laat weten dat Afshin Ellian en VVD-Kamerlid Ruben Brekelmans op de staatstelevisie hebben verklaard dat je nú laat zien dat je solidair bent. Wie daar bezwaren tegen heeft, wordt door De Telegraaf als een misdadiger geschandpaald, te boek gesteld als antisemiet en als staatsgevaar. Duk hangt al drie dagen de Opiniepolizei uit, en hij niet alleen. Iedereen die erop wijst dat de Palestijnen de afgelopen decennia ook wat voor hun kiezen hebben gehad, wordt verrot gescholden, voor antisemiet uitgemaakt en bedreigd. Fanatiek sturen de Vrienden van Israël gruwelfilmpjes rond van verminkte lijken, de slachtoffers van Hamas.

Gruweldaden

En het zijn gruweldaden, die Hamas pleegt. De website Electronic Intifada spreekt van een “rechtvaardige bevrijdingsoorlog”, maar in een rechtvaardige bevrijdingsoorlog sleep je niet de naakte lijken van je slachtoffers door de straat, schiet je niet honderden jonge bezoekers van een muziekfestival dood en trek je niet moordend door woonwijken.

Extreemlinkse toetsenbordridders, geretweet door BIJ1-aanhangers, oordelen als kille schrijftafelmoordenaars dat er “geen onschuldige zionisten zijn” en dat “zionisten die blijven als ze de keuze hebben te vertrekken, ophouden burgers te zijn.”

“You don’t get freedom peacefully”, citeert iemand Malcolm X, maar er is verschil tussen “not peacefully” en de barbarij die Hamas tentoonspreidt. Ik ben geen Sun Tzu maar ik zou, als ik Hamas was, uiterst gedisciplineerd zijn geweest, alleen krijgsgevangenen hebben genomen en alle burgers met het uiterste respect hebben behandeld.

Maar het gaat er natuurlijk om Israël zo razend mogelijk te maken zodat het terugslaat met een wrede genadeloosheid die mensen kotsend het theater zal doen verlaten. Dat begrijp ik heus wel.

Israëlische doden

Dit afschuwelijke geweld komt niet uit het niets, al willen de Vrienden van Israël dit ons graag doen geloven. Ruben Brekelmans, bijvoorbeeld, deelt op Twitter een staafdiagram met alleen het aantal Israëlische doden van de afgelopen 15 jaar als gevolg van het “conflict met de Palestijnen.” Fact-checker Marieke Kuypers laat in zo’n zelfde diagram zien dat het aantal Israëlische doden in het niet valt bij het aantal Palestijnse doden.

En hoe Israël het voor elkaar krijgt zo onnoemelijk veel Palestijnse slachtoffers te maken, krijgen we bijna dagelijks in filmpjes te zien waarin we soldaten kinderen zien doodschieten alsof het kalkoenen zijn, Gaza bombarderen waar de bewoners niet uit wegkunnen en waarin kolonisten Palestijnen vernederen die ze net uit hun huis hebben weggejaagd, als ze ze niet gewoon doodschieten.

“Collateral damage” zei een Vriend van Israël tegen mij. Dode Israëlische burgers zijn slachtoffers van terreur, dode Palestijnen zijn “collateral damage”.

Palestijnen zijn ongedierte

Esther Voet zei, toen op het strand van Gaza een groepje voetballende Palestijnse kinderen vanuit een gevechtsvliegtuig aan stukken werd gereten: “Het is wel oorlog, hè!”

Palestijnse levens betekenen hier in Nederland gewoon niks. Palestijnen zijn vuil, uitschot, het is ongedierte, anders praat je niet zo makkelijk over dode kinderen. Zo achteloos, zo zonder enig gevoel.

En dan ben je geschokt dat Hamas net zo achteloos met Israëlische burgers omspringt, en dan ben je kwaad dat Nederlanders hier wijzen op de context van dat geweld.

Feestvieren om slachtparijen

Ik zag filmpjes van mensen die feestvierden vanwege de aanval van Hamas. Ik vind mensen, die juichen om dodelijke slachtoffers, nare mensen. Maar de Vrienden van Israël zijn nogal hypocriet als ze beweren dat zij nooit juichen als er Palestijnen worden gedood. Ze staan op film, de Israëlische jongeren die een soort feestje maakten van het kijken naar de Israëlische beschietingen van Gaza, applaudisserend bij elke inslag. In straatinterviews zeggen Israëliërs dat alle Arabieren moeten worden uitgegroeid, dat hun land en hun huizen eerlijk zijn veroverd in oorlogen.

En hier in Nederland viert GeenStijl feest bij dode Palestijnen, en Laurence Blik en haar vrienden, onder wie zich heel wat prominente Vrienden van Israël bevinden.

Doe niet net of je beter bent dan Hamas. Je bent net zo bloeddorstig, net zo barbaars, net zo wreed en genadeloos.

Gekoloniseerde volken

Waar Nederland nog aan moet wennen, merk ik, is dat de tijd voorbij is dat iedereen braaf ja knikte als er werd gepreekt dat lam Israël was omsingeld door bloeddorstige Arabische leeuwen die het land wilden vernietigen alléén omdat er Joden woonden. Meer pluriformiteit in het medialandschap, want Al Jazeera en sociale media, en een andere samenstelling van de bevolking dan in 1973, maken dat het “conflict” vanuit meerdere perspectieven bekeken wordt. Nazaten van gekoloniseerde volkeren en telgen van nog steeds gekoloniseerde volken zien alles in een andere context.

En je kunt boos worden en schelden en dreigen wat je wilt, met je “Hamas-vriendje” en je “antisemiet” en wat dan ook, die context hoort erbij. Je bent niet meer gezaghebbend, je bepaalt niet meer wat andere mensen denken. Je bent niet meer de baas.

EINDE

HUMAN RIGHTS WATCH

QUESTIONS AND ANSWERS: OCTOBER 2023

HOSTILITIES BETWEEN ISRAEL AND PALESTINIAN ARMED GROUPS

9 OCTOBER 2023

The following questions and answers (Q&A) address issues relating to international humanitarian law (the laws of war) governing current hostilities between Israel and Hamas, and other Palestinian armed groups in Gaza. The purpose is to facilitate analysis of the conduct of all parties involved in the conflict with the aim of deterring violations of the laws of war and encouraging accountability for abuses.

This Q&A focuses on international humanitarian law governing the conduct of hostilities. It does not address whether Palestinian armed groups or Israel were or are justified in their attacks or other matters concerning the legitimacy of resorting to armed force, such as under the United Nations Charter. In accordance with our institutional mandate, Human Rights Watch does not take positions on issues of jus ad bellum (law concerning acceptable justifications to use armed force); our primary goal is documenting violations of the laws of war, and encouraging all parties in armed conflict to respect the laws of war, or jus in bello.

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What international humanitarian law applies to the current armed conflict between Israel and Palestinian armed groups?

International humanitarian law recognizes the Israeli occupation of the West Bank and Gaza as an ongoing armed conflict. Current hostilities and military attacks between Israel and Hamas and other Palestinian armed groups are governed by the conduct of hostilities standards rooted in international humanitarian law, consisting of international treaty law, most notably Common Article 3 to the Geneva Conventions of 1949 and customary international humanitarian law applicable in so-called non-international armed conflicts, which are reflected in the Additional Protocols of 1977 to the Geneva Conventions. These rules concern the methods and means of combat and fundamental protections for civilians and combatants no longer participating in hostilities for both states and non-state armed groups.

Foremost among the rules of international humanitarian law is the rule that parties to a conflict must distinguish at all times between combatants and civilians. Civilians may never be the target of attack. Warring parties are required to take all feasible precautions to minimize harm to civilians and civilian objects, such as homes, shops, schools, and medical facilities. Attacks may target only combatants and military objectives. Attacks that target civilians or fail to discriminate between combatants and civilians, or that would cause disproportionate harm to the civilian population compared to the anticipated military gain, are prohibited.

Additionally, Common Article 3 provides a number of fundamental protections for civilians and persons who are no longer taking part in hostilities, such as captured combatants, and those who have surrendered or become incapacitated. It prohibits violence against such persons – particularly murder, cruel treatment, and torture – as well as outrages against their personal dignity and degrading or humiliating treatment, and the taking of hostages.

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2. Does the political context, including resistance to an occupation and imbalances of power, affect the analysis under international humanitarian law?

The laws of war make no formal distinction between parties to a conflict on the basis of power imbalances or other criteria. The fundamental principles of international humanitarian law still apply. Violating them by deliberately targeting civilians or carrying out indiscriminate attacks can never be justified by pointing to the injustice of the political situation or other political or moral arguments. To permit the targeting of civilians in circumstances in which there is a disparity of power between opposing forces, as is the case in many conflicts, would create an exception that would virtually negate the rules of war.

That is, whether a belligerent party may lawfully use force or not under international law, they must still abide by the laws of war.

Parties to a conflict are also obligated to abide by international humanitarian law irrespective of the conduct of the other belligerent parties. That is, laws-of-war violations by one side do not justify violations by the other side. So-called belligerent reprisals – normally unlawful acts that are permissible under certain circumstances – are prohibited against civilians or the civilian population.

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3. Who and what is lawfully subject to military attack?

The laws of war recognize that some civilian casualties may be inevitable during armed conflict, but impose a duty on warring parties at all times to distinguish between combatants and civilians, and to target only combatants and other military objectives. The fundamental tenets of international humanitarian law are “civilian immunity” and the principle of “distinction.”

Combatants include members of a country’s armed forces and commanders and full-time fighters in non-state armed groups. They are subject to attack at all times during hostilities unless they are captured or incapacitated.

Civilians lose their immunity from attack when and only for such time as they are directly participating in hostilities. According to guidance by the International Committee of the Red Cross (ICRC), the laws of war distinguish between members of the organized fighting forces of a non-state party, who may be targeted during an armed conflict, and part-time fighters, who are civilians who may only be targeted when and only for such time as they are directly participating in hostilities. Similarly, reservists of national armed forces are considered civilians except when they go on duty, in which case they are combatants subject to attack. Fighters who leave the armed group, as well as regular army reservists who reintegrate into civilian life, are civilians until they are called back to active duty.

For an individual’s act to constitute direct participation in hostilities, it must imminently be capable of causing harm to opposing forces and must be deliberately carried out to support a party to the armed conflict. Direct participation in hostilities includes measures taken in preparation for executing the act, as well as deployment to and return from the location where the act is carried out.

ICRC guidance also sets out that people who have exclusively non-combat functions in armed groups, including political or administrative roles, or are merely members of or affiliated with political entities that have an armed component, such as Hamas, Islamic Jihad, or the Popular Front for the Liberation of Palestine, may not be targeted at any time unless and only for such time as they, like any other civilian, directly participate in the hostilities. That is, membership or affiliation with a Palestinian movement with an armed wing is not a sufficient basis for determining an individual to be a lawful military target.

The laws of war also protect civilian objects, which are defined as anything not considered a legitimate military objective. Prohibited are direct attacks against civilian objects, such as homes and apartments, places of worship, hospitals and other medical facilities, schools, and cultural monuments. Civilian objects become subject to legitimate attack when they become military objectives; that is, when they are making an effective contribution to military action and their destruction, capture, or neutralization offers a definite military advantage, subject to the rules of proportionality. This would include the presence of members of armed groups or military forces in what are normally civilian objects. Where there is doubt about the nature of an object, it must be presumed to be civilian.

The laws of war prohibit indiscriminate attacks. Indiscriminate attacks strike military objectives and civilians or civilian objects without distinction. Examples of indiscriminate attacks are those that are not directed at a specific military objective or that use weapons that cannot be directed at a specific military objective. Prohibited indiscriminate attacks include area bombardment, which are attacks by artillery or other means that treat as a single military objective a number of clearly separated and distinct military objectives located in an area containing a concentration of civilians and civilian objects.

An attack on an otherwise legitimate military target is prohibited if it would violate the principle of proportionality. Disproportionate attacks are those that may be expected to cause incidental loss of civilian life or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated from the attack.

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4. Is hostage-taking permitted under international humanitarian law?

Hostage-taking is prohibited in non-international armed conflicts under Article 1(b) of Common Article 3 of the Geneva Conventions and customary international humanitarian law. The ICRC Commentary on Common Article 3 defines hostage-taking as “the seizure, detention or otherwise holding of a person (the hostage) accompanied by the threat to kill, injure or continue to detain that person in order to compel a third party to do or to abstain from doing any act as an explicit or implicit condition for the release, safety or well-being of the hostage.” Hostages can include civilians and people taking no active part in hostilities, such as members of armed forces who have surrendered or who have been detained. Hostage-taking is a war crime, including under the Rome Statute of the International Criminal Court. People taken as hostages, like all held in custody, must be treated humanely, and cannot be used as human shields.

The ICRC Commentary also notes that hostages are often people, such as civilians posing no security threat, who are taken into custody and detained unlawfully. However, unlawful detention is not necessary for there to be a hostage-taking. An individual whose detention may be lawful, such as a captured soldier, could still be used as a hostage.

A threat to continue detaining someone legally held would not amount to a hostage-taking. For instance, it is not unlawful as part of a negotiation over a prisoner exchange to continue to detain someone, such as a captured combatant, whose release is not legally required. It would, however, be unlawful to make such a threat against a detained civilian unlawfully held.

Hostage-taking is prohibited regardless of the conduct that the hostage-taker aims to impose. So it is still unlawful even when seeking to compel the opposing force to cease an unlawful conduct.

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5. What are the obligations of Israel and Palestinian armed groups with respect to fighting in populated civilian areas?

International humanitarian law does not prohibit fighting in urban areas, although the presence of many civilians places greater obligations on warring parties to take steps to minimize harm to civilians. Gaza is one of the most densely populated areas in the world.

The laws of war require that the parties to a conflict take constant care during military operations to spare the civilian population, and to “take all feasible precautions” to avoid or minimize the incidental loss of civilian life and damage to civilian objects. These precautions include doing everything feasible to verify that the objects of attack are military objectives and not civilians or civilian objects, giving “effective advance warning” of attacks when circumstances permit, and refraining from an attack if the rule of proportionality will be violated. In populated areas with buildings or other structures, both above and underground, parties should take into account the difficulty of identifying civilians who may be obscured from view even from advanced surveillance technology.

Forces deployed in populated areas must, to the extent feasible, avoid locating military objectives – including fighters, ammunition, weapons, equipment, and military infrastructure – in or near densely populated areas, and endeavor to remove civilians from the vicinity of military objectives. Belligerents are prohibited from using civilians to shield military objectives or operations from attack. “Shielding” refers to purposefully using the presence of civilians to render military forces or areas immune from attack.

At the same time, the attacking party is not relieved from its obligation to take into account the risk to civilians, including the duty to avoid causing disproportionate harm to civilians, simply because it considers the defending party responsible for having located legitimate military targets within or near populated areas. That is, the presence of a Hamas commander or rocket launcher, or other military facility in a populated area would not justify attacking the area without regard to the threatened civilian population, including the duty to distinguish combatants from civilians and the rule of proportionality.

The use of explosive weapons with wide-area effects in populated areas is one of the gravest threats to civilians in contemporary armed conflict. In addition to causing civilian casualties directly, explosive weapons with wide-area effects have frequently damaged or destroyed civilian infrastructure, such as bridges, water pipes, power stations, hospitals, and schools, causing long-term harm to civilians, including the disruption of basic services. These weapons have a wide-area effect if they have a large destructive radius, are inherently inaccurate, or deliver multiple munitions at the same time. Their use in populated areas forces people to flee their homes, exacerbating humanitarian needs.

Weapons that have a large destructive radius include those that detonate a large amount of explosive material and those that propel fragments over a large area, or both. Munitions with large amounts of explosive material can produce fragmentation that spreads unpredictably over a wide area, and a powerful blast wave that can cause severe physical injuries to the human body and physical structures, cause blunt force trauma and physical damage from flying debris, and cause or exacerbate other injuries or existing illnesses. Munitions that have preformed fragmentation warheads are designed to spread scores of fragments over an area, making it difficult or impossible to limit the effects of the weapon.

The use of explosive weapons with wide-area effects in the densely populated Gaza Strip, where 2.2 million Palestinians live in a strip of territory that is 41 kilometers (25 miles) long and between 6 and 12 kilometers (3.7 and 7.5 miles) wide, and the targeting at times of critical infrastructure, could be expected to cause serious harm to civilians and civilian objects. In addition, rockets launched from Gaza that are fundamentally inaccurate or designed to saturate a large area and are likely to strike civilians and civilian objects inside Israel, also cause foreseeable harm to civilians and civilian objects.

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6. Should belligerent parties give warnings to civilians in advance of attacks? What constitutes an “effective” warning?

The laws of war require, unless circumstances do not permit, that warring parties give “effective advance warning” of attacks that may affect the civilian population. What constitutes an “effective” warning will depend on the circumstances. Such an assessment would take into account the timing of the warning and the ability of civilians to leave the area. A warning that does not give civilians adequate time to leave for a safer area would not be considered “effective.”

Civilians who do not evacuate following warnings are still fully protected by international humanitarian law. Otherwise, warring parties could use warnings to cause forced displacement, threatening civilians with deliberate harm if they did not heed them. Moreover, some civilians are unable to heed a warning to evacuate, for reasons of health, disability, fear, or lack of anyplace else to go. So, even after warnings have been given, attacking forces must still take all feasible precautions to avoid loss of civilian life and property. This includes canceling an attack when it becomes apparent that the target is civilian, or that the civilian loss would be disproportionate to the expected military gain.

The laws of war also prohibit “acts or threats of violence the primary purpose of which is to spread terror among the civilian population.” Statements that called for the evacuation of areas that are not genuine warnings, but are primarily intended to cause panic among residents or compel them to leave their homes for reasons other than their safety, would fall under this prohibition. This prohibition does not attempt to address the effects of lawful attacks, which ordinarily cause fear, but rather those threats or attacks on civilians that have this specific purpose.

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7. What are the legal protections for hospitals, medical personnel, and ambulances?

Healthcare facilities are civilian objects that have special protections under the laws of war against attacks and other acts of violence including bombing, shelling, looting, forced entry, shooting into, encircling, or other forceful interference such as intentionally depriving facilities of electricity and water.

Healthcare facilities include hospitals, laboratories, clinics, first aid posts, blood transfusion centers, and the medical and pharmaceutical stores of these facilities, whether military or civilian. While other presumptively civilian structures become military objectives if they are being used for a military purpose, hospitals lose their protection from attack only if they are being used, outside their humanitarian function, to commit “acts harmful to the enemy.” Several types of acts do not constitute “acts harmful to the enemy,” such as the presence of armed guards, or when small arms from the wounded are found in the hospital. Even if military forces misuse a hospital to store weapons or shelter able-bodied combatants, the attacking force must issue a warning to cease this misuse, setting a reasonable time limit for it to end, and attacking only after such a warning has gone unheeded.

Under the laws of war, doctors, nurses, and other medical personnel must be permitted to do their work and be protected in all circumstances. They lose their protection only if they commit, outside their humanitarian function, “acts harmful to the enemy.”

Likewise, ambulances and other medical transportation must be allowed to function and be protected in all circumstances. They could lose their protection only if they are being used to commit “acts harmful to the enemy,” such as transporting ammunition or healthy fighters in service. As stated above, the attacking force must issue a warning to cease this misuse, and can only attack after such a warning goes unheeded.

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8. Is Israel permitted to attack mosques or schools in Gaza?

Mosques and churches – like all houses of worship – and schools are presumptively civilian objects that may not be attacked unless they are being used for military purposes, such as a military headquarters or a location for storing weapons and ammunition.

The principle of proportionality also applies to these objects.

All sides were obligated to take special care in military operations to avoid damage to schools, houses of worship, and other cultural property.

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9. Are rockets fired by Palestinian armed groups at Israel lawful?

As parties to the armed conflict, the armed wings of Hamas, Islamic Jihad, and other Palestinian armed groups are obligated to abide by international humanitarian law. The targeting of military installations and other military objectives is permitted under the laws of war, but only if all feasible precautions to avoid civilian harm are taken. The laws prohibit Palestinian armed groups from targeting civilians or launching indiscriminate attacks or attacks that would cause disproportionate harm to civilians compared to the expected military advantage. Commanders of Palestinian armed groups are also obligated to choose such means of attack that they could direct at military targets and minimize incidental harm to civilians. If the weapons used were so inaccurate that they could not be directed at military targets without imposing a substantial risk of civilian harm, then the group should not have deployed them.

Human Rights Watch has found in prior hostilities that rockets launched by Palestinian armed groups – including locally made short and upgraded long-range rockets, “Grad” rockets, and rockets imported from other sources – are so inaccurate as to be incapable of being aimed in a manner to discriminate between military targets and civilian objects when they were launched toward populated areas. This inaccuracy and inability to target military objectives are exacerbated at the longer ranges that some rockets were fired into Israel.

The use of such rockets against civilian areas violates the prohibition on deliberate and indiscriminate attacks. Likewise, a party that launches rockets from densely populated areas, or co-locates military objectives in or near civilian areas – thus making civilians vulnerable to counterattacks – may be failing to take all feasible precautions to protect civilians under its control against the effects of attacks.

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10. Is it lawful to target leaders of Palestinian armed groups and their offices and homes?

International humanitarian law allows the targeting of military commanders in the course of armed conflict, provided that such attacks otherwise comply with the laws that protect civilians, including being proportionate. Political leaders not taking part in military operations, as civilians, would not be legitimate targets of attack.

Palestinian armed groups’ leaders who are commanding belligerent forces are legitimate targets. However, because Hamas engages in civil governance beyond its military component, merely being a Hamas leader in and of itself does not make an individual lawfully subject to military attack.

Combatants do not have immunity from attacks in their homes and workplaces. However, as with any attack on an otherwise legitimate military target, the attacking force must refrain from attack if it would disproportionately harm the civilian population – including civilian family members of combatants – or be launched in a way that fails to discriminate between combatants and civilians. Under this duty to take all feasible precautions to avoid civilian harm, the attacking force should also consider whether there may be alternative sites where the combatant can be targeted without endangering civilians.

Attacking the home of a combatant who was not physically present at the time of the attack would be an unlawful attack on a civilian object. If such an unlawful attack were carried out intentionally, then it would constitute a war crime. A civilian home does not lose its protected status as a civilian object merely because it is the home of a militant who is not present there. Insofar as the attack is designed to harm the combatants’ families, it would also be a prohibited form of collective punishment.

Personnel or equipment being used in military operations are subject to attack, but whether that justifies destroying an entire large building where they might be present depends on the attack not inflicting disproportionate harm on civilians or civilian property.

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11. What is meant by “collective punishment” of the civilian population?

The laws of war prohibit the punishment of any person for an offense other than one that they have personally committed. Collective punishment is a term used in international law to describe any form of punitive sanctions and harassment, not limited to judicial penalties, but including sanctions of “any sort, administrative, by police action or otherwise,” that are imposed on targeted groups of persons for actions that they themselves did not personally commit. The imposition of collective punishment – such as, in violation of the laws of war, the demolition of homes of families of fighters, or other civilian objects such as multi-story buildings as a form of punishment – is a war crime. Whether an attack or measure could amount to collective punishment depends on several factors, including the target of the measure and its punitive impact, but of particular relevance is the intent behind a particular measure. If the intention was to punish, purely or primarily as a result of an act committed by third parties, then the attack is likely to have been collective punishment.

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12. Do journalists have special protection from attack?

Journalists and their equipment benefit from the general protection enjoyed by civilians and civilian objects and may not be targets of an attack unless they are taking direct part in hostilities. Journalists may be subject to legitimate limitations on rights, such as freedom of expression or freedom of movement, imposed in accordance with the law and only to the extent strictly required by the exigencies of the situation. But they may not be arrested, detained, or subjected to other forms of punishment or retaliation simply for doing their work as journalists.

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13. Are Israeli attacks on radio and television stations of news media organizations, including those run by Hamas, lawful?

Radio and television facilities are civilian objects and as such enjoy general protection. Military attacks on broadcast facilities used for military communications are legitimate under the laws of war, but such attacks on civilian television or radio stations are otherwise prohibited because they are protected civilian structures and not legitimate military targets. Moreover, if the attack is designed primarily to undermine civilian morale or to psychologically harass the civilian population, that is also a prohibited war purpose. Civilian television and radio stations are legitimate targets only if they meet the criteria for a legitimate military objective; that is, if they are used in a way that makes an “effective contribution to military action,” and their destruction in the circumstances ruling at the time offers “a definite military advantage.” Specifically, Hamas-operated civilian broadcast facilities could become military targets if, for example, they were used to send military orders or otherwise concretely to advance Hamas’s armed campaign against Israel. However, civilian broadcasting facilities are not rendered legitimate military targets simply because they are pro-Hamas or anti-Israel, or report on the laws of war violations by one side or the other. Just as it is unlawful to attack the civilian population to lower its morale, it is unlawful to attack news outfits that merely shape civilian opinion by their reporting or create diplomatic pressure; neither directly contributes to military operations.

Should stations become legitimate military objectives because of their use to transmit military communications, the principle of proportionality in attack must still be respected. This means that Israeli forces should verify at all times that the risks to the civilian population in undertaking any such attack do not outweigh the anticipated definite military advantage. They should take special precautions in relation to buildings located in urban areas, including giving advance warning of an attack whenever possible.

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14. What are Israel’s and Palestinian armed groups’ obligations to humanitarian agencies?

Under international humanitarian law, parties to a conflict must allow and facilitate the rapid and unimpeded passage of impartially distributed humanitarian aid to the population in need. The belligerent parties must consent to allow relief operations to take place and may not refuse such consent on arbitrary grounds. They can take steps to ensure that consignments do not include weapons or other military materiel. However, deliberately impeding relief supplies is prohibited.

In addition, international humanitarian law requires that belligerent parties ensure the freedom of movement of humanitarian relief personnel essential to the exercise of their functions. This movement can be restricted only temporarily for reasons of imperative military necessity.

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15. Does international human rights law still apply?

International human rights law is applicable at all times, including during armed conflict situations in which the laws of war apply, as well as during times of peace. Israel and Palestine are party to core international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These treaties outline guarantees for fundamental rights, many of which correspond to the protections to which civilians are entitled under international humanitarian law (such as the prohibition of torture, inhuman and degrading treatment, nondiscrimination, right to a fair trial).

While the ICCPR permits some restrictions on certain rights during an officially proclaimed public emergency that “threatens the life of the nation,” any derogation of rights during a public emergency must be of an exceptional and temporary nature, and must be “limited to the extent strictly required by the exigencies of the situation,” and should not involve discrimination on grounds of race, religion, and other grounds. Certain fundamental rights – such as the right to life and the right to be secure from torture and other ill-treatment, the prohibition on unacknowledged detention, the duty to ensure judicial review of the lawfulness of detention, and the right to a fair trial – must always be respected, even during a public emergency.

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16. Who can be held responsible for violations of international humanitarian law?

Serious violations of the laws of war that are committed with criminal intent are war crimes. War crimes, listed in the “grave breaches” provisions of the Geneva Conventions and as customary law in the International Criminal Court statute and other sources, include a wide array of offenses, including deliberate, indiscriminate, and disproportionate attacks harming civilians, hostage-taking, using human shields, and imposing collective punishments, among others. Individuals also may be held criminally liable for attempting to commit a war crime, as well as assisting in, facilitating, aiding, or abetting a war crime.

Responsibility also may fall on persons planning or instigating the commission of a war crime. In addition, commanders and civilian leaders may be prosecuted for war crimes as a matter of command responsibility when they knew or should have known about the commission of war crimes and took insufficient measures to prevent them or punish those responsible.

States have an obligation to investigate and fairly prosecute individuals within their territory implicated in war crimes.

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17. Can alleged serious crimes be prosecuted at the International Criminal Court?

Alleged war crimes committed during the fighting between Israel and Palestinian armed groups could be investigated by the International Criminal Court (ICC) prosecutor. On March 3, 2021, the ICC prosecutor opened an investigation into alleged serious crimes committed in Palestine since June 13, 2014. The ICC treaty officially went into effect for Palestine on April 1, 2015. The court’s judges have said this gives it jurisdiction over the territory occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem. The ICC has jurisdiction over war crimes, crimes against humanity, and genocide, committed in this territory, regardless of the nationality of the alleged perpetrators.

Israel signed but has not ratified the ICC treaty, and in 2002 announced that it did not intend to become a member of the court.

Since 2016, Human Rights Watch has called on the ICC prosecutor to pursue a formal Palestine investigation given strong evidence that serious crimes have been committed there and the pervasive climate of impunity for those crimes. The recent hostilities between Hamas and Israel highlight the importance of the court’s investigation and the urgent need for justice to address serious crimes committed in Palestine. Human Rights Watch has also called on the ICC prosecutor to investigate Israeli authorities implicated in the crimes against humanity of apartheid and persecution against Palestinians.

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18. What other venues for accountability exist?

Certain categories of grave crimes in violation of international law, such as war crimes and torture, are subject to “universal jurisdiction,” which refers to the ability of a country’s domestic judicial system to investigate and prosecute certain crimes, even if they were not committed on its territory, by one of its nationals, or against one of its nationals. Certain treaties, such as the 1949 Geneva Conventions and the Convention against Torture, obligate states to extradite or prosecute suspected offenders who are within that country’s territory or otherwise under its jurisdiction. Under customary international law, it is also generally agreed that countries are allowed to try those responsible for other crimes, such as genocide or crimes against humanity, wherever these crimes took place.

National judicial officials should investigate and prosecute those credibly implicated in serious crimes, under the principle of universal jurisdiction and in accordance with national laws.

In May 2021, the United Nations Human Rights Council established an ongoing Commission of Inquiry to address violations and abuses in the Occupied Palestinian Territory and in Israel, to monitor, document, and report on violations and abuses of international law, advance accountability for perpetrators and justice for victims, and address the root causes and systematic oppression that help fuel continued violence.