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‘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.
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Dozens of Terrorists Eliminated in Central Gaza, Weapons Seized from UN School in Raid
Some rises after an Israeli strike as Israeli forces launch a ground and air operation in the eastern part of Rafah, amid the ongoing conflict between Israel and Hamas, in Rafah, in the southern Gaza Strip, May 7, 2024. Photo: REUTERS/Hatem Khaled
i24 News – Israel Defense Forces continue to operate in the Shejaiya area at the same time as fighting in the Rafah area and in the center of the Gaza Strip, the army said.
In the Shejaiya area, forces of the 98th Division attacked dozens of terrorist sites with the help of airstrikes from the Israel Air Force.
Over the weekend, Israeli soldiers raided a UN school in Shejaiya, where terrorists hid and stored weapons, grenades and valuable intelligence documents
This is yet another example of how Gazan terrorists use civilian structures to carry out attacks against Israeli forces pic.twitter.com/9oA9KLJehC
— i24NEWS English (@i24NEWS_EN) June 30, 2024
A UN school was raided where terrorists hid and stored weapons, grenades, and sensitive documents. In addition, a Hamas command center was discovered in a clinic.
Since Saturday, division forces located weapons, raided and captured terrorist compounds, and eliminated a number of terrorists.
IDF strikes Hamas target in Gaza
Israeli forces continue to operate in the Shejaiya area while continuing to push in Rafah and in central Gaza
The IDF attacked and destroyed a mortar launch position located within a tunnel shaft in Rafah pic.twitter.com/JqTACvuMys
— i24NEWS English (@i24NEWS_EN) June 30, 2024
The 162nd Division meanwhile continues in the Rafah area, eliminating a number of terrorists in various encounters and destroying tunnel shafts in the area.
The 99th Division 99 the center of the Gaza Strip carried out raids and destroyed terrorist infrastructure in the area.
Also on Saturday, an airstrikes destroyed a mortar launch position located inside a tunnel shaft in Rafah.
The post Dozens of Terrorists Eliminated in Central Gaza, Weapons Seized from UN School in Raid first appeared on Algemeiner.com.
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Israeli Government Approves Danny Danon as UN Ambassador
Israeli Ambassador to the United Nations Danny Danon at a briefing on Iranian aggression on May 6, 2020. Photo: Screenshot.
i24 News – The Israeli government unanimously agreed on Sunday to appoint Likud lawmaker Danny Danon as Israel’s ambassador to the United Nations, succeeding the current ambassador, Gilad Erdan.
Danon, who previously held this position, will soon serve a second term. Danon’s appointment to this important position comes at a particularly crucial time, as he is expected to represent Israel on the international stage as the country faces challenges at home and abroad.
“I am proud to return to serve the State of Israel as Israel’s Ambassador to the United Nations during this critical period,” he said on Twitter.
“As Israel faces battles on numerous fronts, each and every one of us must do his utmost within his skills and experiences,” he said in an earlier statement. “This is how I have behaved in the past, and this is how I will continue to behave in the future.”
I am proud to return to serve the State of Israel as Israel’s Ambassador to the United Nations during this critical period.
With Israel confronting challenges on multiple fronts, it is imperative for each of us to contribute to the best of our abilities and experiences. This…
— Danny Danon דני דנון (@dannydanon) June 30, 2024
“In the face of the diplomatic terrorism that is rearing its head these days, I am forced to present the truth and hold my head high for the people of Israel and our common future here,” he concluded.
It is expected that Avihai Boaron, a former member of the Knesset, Israel’s parliament, will enter in place of Danon.
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‘Los Angeles Is Becoming Unsafe for Its Jewish Residents” Says Israeli Minister
Governor Newsom speaking at the Museum of Tolerance in Los Angeles. Photo Credit: Office of Governor Gavin Newsom.
i24 News – Amichai Shikli, Israel’s Minister of Diaspora and Antisemitism, has urgently called upon California’s governor Gavin Newsom and Los Angeles’s mayor Karen Bass to address a concerning escalation of antisemitic incidents in the city.
In a strongly worded letter sent following a surge in antisemitic activities since October 7, 2023, Shikli expressed deep apprehension about the safety of Jewish residents in Los Angeles.
“Los Angeles is becoming more and more unsafe for its Jewish residents,” Shikli stated, emphasizing the urgent need for proactive measures to combat the rising tide of antisemitism.
He highlighted recent violent demonstrations on campuses that endangered Jewish students, alongside two serious incidents that he believes were mishandled by authorities.
One incident he pointed to was the tragic murder of Paul Kessler in November 2023 during a pro-Israel demonstration. Shikli criticized the court’s failure to classify the attack as a hate crime, stating, “It is shocking to see that the court did not recognize this as a hate crime. Paul was attacked for the sole reason that he was a Jew and a Zionist.”
Additionally, Shikli referenced an incident earlier in the week where an anti-Israel group disrupted an event at Adat Torah synagogue, resulting in an attack on Jewish attendees. Despite prior knowledge of the demonstration, law enforcement allegedly failed to take preventive actions to ensure the safety of Jewish residents.
Concerned about the city’s largest Jewish community in North America, Shikli urged immediate steps to enhance security around Jewish institutions and to ensure law enforcement is adequately trained to handle antisemitic crimes effectively. “At a time when antisemitism is at an all-time high, I urge you to implement measures to combat it,” he asserted.
The minister concluded his letter by proposing collaboration with local authorities and inviting the Los Angeles Police Department to participate in an international training program aimed at equipping security forces worldwide to combat antisemitism effectively.
The post ‘Los Angeles Is Becoming Unsafe for Its Jewish Residents” Says Israeli Minister first appeared on Algemeiner.com.