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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.

Yet under international law, common sense, and basic morality, a person who holds hostages is not, in fact, a civilian at all.

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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New York City Jews Targeted for Most Hate Crimes in March, NYPD Stats Show

Orthodox Jewish man waiting for the train in the New York City subway. Photo: Hans Lucas via Reuters Connect.

Jews in New York City were victims of more hate crimes in March than any other group even as crime across the Five Boroughs fell to “historic” lows, according to statistics issued by the New York City Police Department (NYPD) on Thursday.

39 hate crimes targeted Jews last month, the Algemeiner reviewed data shows, outstripping the combined total of all other groups combined — 28 — and constituting 58 percent of all hate crimes reported to authorities. So far, there have born 85 antisemitic hate crimes in New York City through the first three months of 2025, with the month of February seeing a 100 percent increase in them over the previous year and March seeing no improvement at all.

The data continues a trend that has persisted for several years and concurred with a rise in antisemitic incidents across the US.

Jews represented a disproportionate share of hate crimes perpetrated in New York City in 2024 as well. Of the 641 total hate crimes tallied by the NYPD that year, Jews were victims of 345, which, in addition to being a 7 percent increase over the previous year, amounted to 54 percent of all hate crimes in the city.

As The Algemeiner has previously reported, antisemitic hate crimes have posed a major threat to the quality of life of New York City’s Orthodox Jewish community, which was the target in many of the incidents. In just eight days between the end of October and the beginning of November, three Hasidim, including children, were brutally assaulted in the Crown Heights section of Brooklyn. In one instance, an Orthodox man was accosted by two assailants, one masked, who “chased and beat him” after he refused to surrender his cellphone in compliance with what appeared to have been an attempted robbery.

In another incident, an African American male smacked a 13-year-old Jewish boy who was commuting to school on his bike in the heavily Jewish neighborhood. Less than a week earlier, an assailant slashed a visibly Jewish man in the face as he was walking in Brooklyn. Days after the week-long antisemitic hate crime spree, three men attempted to rob a Hasidic man after stalking him through the Crown Heights neighborhood.

Follow Dion J. Pierre @DionJPierre.

The post New York City Jews Targeted for Most Hate Crimes in March, NYPD Stats Show first appeared on Algemeiner.com.

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NYC ‘Dyke March’ Bans Zionists From Participating in Annual Demonstration

(Source: Reuters)

(Source: Reuters)

NYC Dyke March, a public demonstration held by members of the lesbian community in New York City, has banned self-proclaimed “Zionists” from its annual event, citing a desire to stand against the so-called “genocide” occuring in Gaza. 

The group revealed in a statement that their decision to ban Israel supporters from their ranks came after multiple members dropped out of the organization due to differences in “political beliefs and values.” After engaging in discussions with frustrated members, the NYC Dyke March committee agreed to adopt “an explicitly anti-Zionist position.” The organization claims that it will “strengthen our commitment” to fighting against Israel and advocating on behalf of Palestinians. 

Last year, the NYC Dyke March previously came under scrutiny after organizers settled on “genocide” as the theme of its 2024 event. In a statement, decrying “ethnic cleansing, violence, and dehumanization,” the organization compared the ongoing war in Gaza, to the mass slaughters occurring in Ethiopia, Myanmar, and Sudan. 

The organization plans on recycling the same theme for this year’s march, titling it “Dykes Against Genocide.” The group released a statement clarifying that Jews are allowed to attend and condemned the Oct. 7 slaughters as a “senseless loss of life.” After an apparent uproar from its members, the organization deleted the post and wrote that the group “unapologetically stands in support of Palestinian liberation.” In addition, the group affirmed that “anti-Zionism is not antisemitism and any language we put out which is not clearly opposed to a Zionist, imperialist agenda is harmful to us all.”

In the 17 months following the Hamas-led massacre of roughly 1200 people throughout Israel, the NYC Dyke March has produced numerous statements lambasting Israel and declaring “solidarity” with Palestinians amid their so-called “ongoing genocide.” The organization also accused Israel of engaging in supposed “pinkwashing” and “manipulative use of Jewish and queer identities,” with the aim of justifying its war efforts in Gaza. 

Israel offers an expansive set of rights for members of the Lesbian, Gay, Bisexual, and Transngender (LGBT) community, including recognition of same-sex marriages. Every year in June, Tel Aviv holds one of the largest LGBT Pride celebrations in the world. Meanwhile, members of the LGBT community are routinely imprisoned or murdered in other parts of the Middle East, including the Palestinian territories. 

The NYC Dyke March’s announcement was met with widespread condemnation. 

“You cannot exclude the majority of Jews and call yourself inclusive,” said the Anti-Defamation League (ADL) in a post on X/Twitter, adding that the group “essentially equates Zionism with racism” in their announcement. 

The post NYC ‘Dyke March’ Bans Zionists From Participating in Annual Demonstration first appeared on Algemeiner.com.

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Trump Administration Planning $510 Million Cut to Brown University Budget, Report Says

U.S. President Donald Trump speaks with journalists onboard Air Force One en route to Miami, Florida, U.S., April 3, 2025. REUTERS/Kent Nishimura

The Trump administration reportedly plans to terminate $510 million worth of federal contracts and grants awarded to Brown University, according to media reports.

Brown University’s failure to mount a satisfactory response to the campus antisemitism crisis, as well as its embrace of the diversity, equity, and, inclusion (DEI) movement — perceived by many across the political spectrum as an assault on merit-based upward mobility and causing incidents of anti-White and anti-Asian discrimination — prompted the alleged pending action by the federal government, according to the right-leaning outlet The Daily Caller.

The announcement comes as Brown scrambles to cover a $46 million budget shortfall and other universities across the country have faced similar funding cuts.

Brown University officials, however, denied that the university had received any directives from the Trump Administration.

“We have no information to substantiate these rumors,” Brown University provost Francis Doyle issued a statement. “We are closely monitoring notifications related to grants, but have nothing more we can share as of now.”

Meanwhile, Brown’s Jewish community rushed to the university’s defense, issuing a joint statement with the Brown Corporation which said that the campus is “peaceful and supportive campus for its Jewish community.”

The letter, signed by members of the local Hillel International chapter and Chabad on College Hill, continued: “Brown University is a place where Jewish life not only exists but thrives. While there is more work to be done, Brown, through the dedicated efforts of its administration, leadership, and resilient spirit of its Jewish community, continues to uphold the principles of inclusion, tolerance, and intellectual freedom that have been central to its identity since 1764.”

Brown Divest Coalition — an anti-Zionist group which recently saw its campaign for the university to adopt the boycott, divest, and sanctions (BDS) movement against Israel defeated by the Brown Corporation — weighed in too, denouncing the reported cut as “a means of suppressing all forms of popular dissent to the renewed violence of the US war machine abroad.” US Senator Jack Reed (D-RI) also criticized the move, accusing the administration “of a broader pattern of behavior…that will negatively impact communities across the country and lead to layoffs, restrict research, and more.”

As previously reported by The Algemeiner, the Trump administration is following through on its threats to inflict potentially catastrophic financial injuries on colleges and universities deemed as soft on antisemitism or excessively “woke.” The past six weeks has seen the policy imposed on elite universities including Harvard and Columbia, rattling a higher education establishment that has for better and worse operated for decades with little interference from the federal government even as it polarized the public and contributed to a growing sense that elites are contemptuous of Americans who live outside of their cultural enclaves.

In March, Secretary of Education Linda McMahon announced the cancellation of $400 million in federal contracts and grants for Columbia University, a measure that secured the school’s acceding to a slew of demands the administration put forth as preconditions for restoring the money. Later, the Trump administration disclosed its reviewing $9 billion worth of federal grants and contracts awarded to Harvard University, jeopardizing a substantial source of the school’s income over its alleged failure to quell antisemitic and pro-Hamas activity on campus following Hamas’s Oct. 7, 2023, massacre across southern Israel. Princeton University saw $210 million of its federal grants and funding suspended too, prompting its president, Christopher Eisgruber to say the institution is “committed to fighting antisemitism and all forms of discrimination.”

Additionally,  60 universities are being investigated by the Department of Education’s Office for Civil Rights over their handling of campus antisemitism, a project that will serve as an early test of the administration’s ability to perform the essential functions of the agency after downsizing its workforce to increase its efficiency.

One of those universities, Northwestern University, on Monday touted its progress in addressing campus antisemitism, noting that it has adopted the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, a reference tool which aids officials in determining what constitutes antisemitism, and begun holding “mandatory antisemitism training” sessions which “all students, faculty, and staff” must attend.

Follow Dion J. Pierre @DionJPierre.

The post Trump Administration Planning $510 Million Cut to Brown University Budget, Report Says first appeared on Algemeiner.com.

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