RSS
‘Civilians’ Holding Israeli Hostages Were Not Civilians — an Analysis of International Law
Noa Argamani, a rescued hostage embraces her father, Yakov Argamani, after the military said that Israeli forces have rescued four hostages alive from the central Gaza Strip, in Ramat Gan, Israel, in this handout image obtained by Reuters on June 8, 2024. Photos: Israeli Army/Handout via REUTERS
The IDF completed a stunning rescue operation last Saturday, bringing home hostages Noa Argamani (25), Andrey Kozlov (27), Almog Meir (21), and Shlomo Ziv (40), who had been held in Gaza for eight months.
A number of the hostage takers were killed in the operation, including Abdala Aljamal, a journalist for Al Jazeera, as well as his father, a local doctor. The deaths of the hostage takers triggered significant international criticism against Israel over civilian casualties, including the startling assertion by a BBC journalist that Israel should have warned of the rescue operation in advance.
The Geneva Convention Additional Protocol I defines three categories of persons in a conflict: 1. combatants (Article 43), 2. civilians (Article 50), and 3. any person who has taken part in hostilities but who does not qualify as a legitimate combatant under Article 43 (Article 44).
In 2006, the United States officially adopted a designation called the “unlawful combatant,” which reflects this third category from the Geneva Convention. A number of other countries have also adopted their own “unlawful combatant” laws, including the United Kingdom and Israel. The argument in favor of the “unlawful combatant” designation is that it is necessary for dealing with terrorism and other non-state actors — an entire category of combat that was not fully contemplated at the time the Geneva Conventions were created.
The concept of an “unlawful combatant” is not universally accepted and is strongly criticized by some countries. Nonetheless, it is well established by international humanitarian law that “a civilian is a person who does not take an active part in hostilities.” Therefore, a person who does take part in hostilities is, at best a combatant, or at worst an “unlawful combatant,” but in no event can such a person claim to be a “civilian.”
Hamas claimed that all those who died in the hostage rescue operation were “civilians,” yet the Hamas fighters who opened fire on the hostages were clearly not, and the locals who captured and held hostages cannot be considered “civilians” either.
The International Convention Against the Taking of Hostages and Geneva Convention Additional Protocol I, Article 75, strongly prohibit taking and holding hostages, and treat doing so as both a war crime and an act of terrorism.
Therefore, a person holding Israeli hostages in Gaza is, at the very least, a hostile combatant, and arguably an “unlawful combatant.” In either case, a hostage taker is unquestionably a war criminal and, by international convention, also a terrorist. This is true whether or not such a person wears a uniform or holds a rank, and remains true even if the hostage taker “moonlights” at some other job, such as, in this case, a journalist or a doctor. In no event can a person who holds hostages be considered a “civilian.”
It is clear from common sense and basic morality why this legal conclusion must be true: if it were not, then hostage rescue missions and even basic self defense would be prohibited as long as the attacker does not wear a uniform or hold an official rank, creating a paradoxical world in which terrorism is technically permitted, but self-defense is not.
During last Saturday’s hostage rescue operation, the IDF came under heavy fire, much of which was directed at the hostages themselves. Hamas claimed that some 200 civilians were killed, figures which triggered widespread international condemnation against Israel.
Yet in an exposé last November, the Associated Press revealed what local journalists have known for years: that Hamas casualty figures, as a rule, do not distinguish between civilians and combatants, nor do they identify the cause of death, which sometimes includes accidental Hamas crossfire, intentional Hamas executions, and misfired Hamas rockets.
A further Associated Press exposé this month revealed that Hamas has significantly overstated the number of women and children supposedly killed in Gaza since October 7. Therefore, any Hamas claims relating to casualty figures should be treated with significant skepticism. Furthermore, it is unclear how many of the locals present at the hostage rescue had been active in taking and holding the hostages, which is not only a war crime and an act of terrorism, but also precludes such a person from claiming the status of “civilian.”
International criticism of Israel’s hostage rescue operation stands in stark opposition to the fundamental tenets of international law, morality, and basic common sense. Such discussions lead us toward a paradoxical worldview in which hostage taking and terrorism are permitted, while self-defense and hostage rescue operations are not: thus emboldening terror groups the world over, and planting the seeds of long-term danger to all free societies.
Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.
The post ‘Civilians’ Holding Israeli Hostages Were Not Civilians — an Analysis of International Law first appeared on Algemeiner.com.
RSS
Terrorist Responsible for Death of 21 Soldiers Eliminated
An Israeli F-35I “Adir” fighter jet. Photo: IDF
i24 News – Khalil Abd al-Nasser Mohammed Khatib, the terrorist who commanded the terrorist cell that killed 21 soldiers in the southern Gaza Strip on January 22, 2024, was killed by an Israeli airstrike, the IDF said on Sunday.
In a joint operation between the military and the Shin Bet security agency, the terrorist was spotted in a reconnaissance mission. The troops called up an aircraft to target him, and he was eliminated.
Khatib planned and took part in many other terrorist plots against Israeli soldiers.
i24NEWS’ Hebrew channel interviewed Dor Almog, the sole survivor of the mass casualty disaster, who was informed on live TV about the death of the commander responsible for the killing his brothers-in-arms.
“I was sure this day would come – I was a soldier and I know what happens at the end,” said Almog. “The IDF will do everything to bring back the abductees and to topple Hamas, to the last one man.”
The post Terrorist Responsible for Death of 21 Soldiers Eliminated first appeared on Algemeiner.com.
RSS
Stanley Fischer, Former Fed Vice Chair and Bank of Israel Chief, Dies at 81
FILE PHOTO: Vice Chair of the U.S. Federal Reserve System Stanley Fischer arrives to hear Governor of the Bank of England Mark Carney delivering the Michel Camdessus Central Banking Lecture at the International Monetary Fund in Washington, U.S., September 18, 2017. Photo: REUTERS/Joshua Roberts/File Photo
Stanley Fischer, who helped shape modern economic theory during a career that included heading the Bank of Israel and serving as vice chair of the US Federal Reserve, has died at the age of 81.
The Bank of Israel said he died on Saturday night but did not give a cause of death. Fischer was born in Zambia and had dual US-Israeli citizenship.
As an academic at the Massachusetts Institute of Technology, Fischer trained many of the people who went on to be top central bankers, including former Federal Reserve Chairman Ben Bernanke as well as Mario Draghi, the former European Central Bank president.
Fischer served as chief economist at the World Bank, and first deputy managing director at the International Monetary Fund during the Asian financial crisis and was then vice chairman at Citigroup from 2002 to 2005.
During an eight-year stint as Israel’s central bank chief from 2005-2013, Fischer helped the country weather the 2008 global financial crisis with minimal economic damage, elevating Israel’s economy on the global stage, while creating a monetary policy committee to decide on interest rates like in other advanced economies.
He was vice chair of the Federal Reserve from 2014 to 2017 and served as a director at Bank Hapoalim in 2020 and 2021.
Current Bank of Israel Governor Amir Yaron praised Fischer’s contribution to the Bank of Israel and to advancing Israel’s economy as “truly significant.”
The soft-spoken Fischer – who played a role in Israel’s economic stabilization plan in 1985 during a period of hyperinflation – was chosen by then Finance Minister Benjamin Netanyahu and Prime Minister Ariel Sharon as central bank chief.
Netanyahu, now prime minister, called Fischer a “great Zionist” for leaving the United States and moving to Israel to take on the top job at Israel’s central bank.
“He was an outstanding economist. In the framework of his role as governor, he greatly contributed to the Israeli economy, especially to the return of stability during the global economic crisis,” Netanyahu said, adding that Stanley – as he was known in Israel – proudly represented Israel and its economy worldwide.
Israeli President Isaac Herzog also paid tribute.
“He played a huge role in strengthening Israel’s economy, its remarkable resilience, and its strong reputation around the world,” Herzog said. “He was a world-class professional, a man of integrity, with a heart of gold. A true lover of peace.”
The post Stanley Fischer, Former Fed Vice Chair and Bank of Israel Chief, Dies at 81 first appeared on Algemeiner.com.
RSS
Saudi Arabia’s Foreign Minister Says Israel Blocking Ramallah Meeting Proof of ‘Extremism’
Saudi Minister of Foreign Affairs Prince Faisal bin Farhan Al-Saud attends a news conference at the Arab Gulf Summit in Riyadh, Saudi Arabia, December 9, 2022. Photo: REUTERS/Ahmed Yosri
Saudi Arabia’s Foreign Minister Prince Faisal bin Farhan Al-Saud said the Israeli government’s refusal to allow a delegation of Arab ministers to the West Bank showed its “extremism and rejection of peace.”
His statement came during a joint press conference in Amman with counterparts from Jordan, Egypt and Bahrain, after they met as part of an Arab contact group that was going to meet Palestinian President Mahmoud Abbas in Ramallah.
“Israel’s refusal of the committee’s visit to the West Bank embodies and confirms its extremism and refusal of any serious attempts for (a) peaceful pathway… It strengthens our will to double our diplomatic efforts within the international community to face this arrogance,” the Saudi minister said.
On Saturday, Israel said it would not allow a planned meeting on Sunday that would have included ministers from Jordan, Egypt, Saudi Arabia, Qatar and the United Arab Emirates, Palestinian Authority officials said.
Bin Farhan’s visit to the West Bank would have marked the first such visit by a top Saudi official in recent memory.
An Israeli official said the ministers intended to take part in a “provocative meeting” to discuss promoting the establishment of a Palestinian state.
Jordan’s Foreign Minister Ayman Safadi said blocking the trip was another example of how Israel was “killing any chance of a just and comprehensive” Arab-Israeli settlement.
An international conference, co-chaired by France and Saudi Arabia, is due to be held in New York on June 17-20 to discuss the issue of Palestinian statehood.
Egyptian Foreign Minister Badr Abdelatty said the conference would cover security arrangements after a ceasefire in Gaza and reconstruction plans to ensure Palestinians would remain on their land and foil any Israeli plans to evict them.
The post Saudi Arabia’s Foreign Minister Says Israel Blocking Ramallah Meeting Proof of ‘Extremism’ first appeared on Algemeiner.com.
You must be logged in to post a comment Login