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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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Israel Strikes Houthi Targets in Yemen
Smoke rises after Israeli strikes near Sanaa airport, in Sanaa, Yemen, Dec. 26, 2024. Photo: REUTERS/Khaled Abdullah
Israel struck multiple targets linked to the Iran-aligned Houthi terrorist group in Yemen on Thursday, including Sanaa International Airport, and Houthi media said three people were killed.
The head of the World Health Organization, Tedros Adhanom Ghebreyesus, said he was about to board a plane at the airport when it came under attack. A crew member on the plane was injured, he said in a statement.
The Israeli military said that in addition to striking the airport, it also hit military infrastructure at the ports of Hodeidah, Salif, and Ras Kanatib on Yemen’s west coast. It also attacked the country’s Hezyaz and Ras Kanatib power stations.
Houthi-run Al Masirah TV said two people were killed in the strikes on the airport and one person was killed in the port hits, while 11 others were wounded in the attacks.
There was no comment from the Houthis, who have repeatedly fired drones and missiles towards Israel in what they describe as acts of solidarity with Palestinians in Gaza.
Israeli Prime Minister Benjamin Netanyahu said following the attacks that Israel will continue its mission until it is complete: “We are determined to sever this terror arm of Iran’s axis.”
The prime minister has been strengthened at home by the Israeli military’s campaign against Iran-backed Hezbollah forces in southern Lebanon and by its destruction of most of the Syrian army’s strategic weapons.
The Israeli attacks on the airport, Hodeidah and on one power station, were also reported by Al Masirah TV.
Tedros said he had been in Yemen to negotiate the release of detained UN staff detainees and to assess the humanitarian situation in Yemen.
“As we were about to board our flight from Sanaa … the airport came under aerial bombardment. One of our plane’s crew members was injured,” he said in a statement.
“The air traffic control tower, the departure lounge — just a few meters from where we were — and the runway were damaged,” he said, adding that he and his colleagues were safe.
There was no immediate comment from Israel on the incident.
More than a year of Houthi attacks have disrupted international shipping routes, forcing firms to re-route to longer and more expensive journeys that have in turn stoked fears over global inflation.
The UN Security Council is due to meet on Monday over Houthi attacks against Israel, Israel‘s UN Ambassador Danny Danon said on Wednesday.
On Saturday, Israel‘s military failed to intercept a missile from Yemen that fell in the Tel Aviv-Jaffa area, injuring 14 people.
The post Israel Strikes Houthi Targets in Yemen first appeared on Algemeiner.com.
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Controversial Islamic Group CAIR Chides US Ambassador to Israel Jack Lew for Denying Report of ‘Famine’ in Gaza
US Ambassador to Israel Jack Lew. Photo: Alchetron.
The Council on American–Islamic Relations (CAIR) has condemned US Ambassador to Israel Jack Lew for casting doubt on a new report claiming that famine has gripped northern Gaza.
The controversial Muslim advocacy group on Wednesday slammed Lew for his “callous dismissal” of the recent Famine Early Warning Systems Network (FEWS NET) report accusing Israel of inflicting famine on the Gaza Strip. The organization subsequently asserted that Israel had perpetrated an ethnic cleansing campaign in northern Gaza.
“Ambassador Lew’s callous dismissal of this shocking report by a US-backed agency exposing Israel’s campaign of forced starvation in Gaza reminds one of the old joke about a man who murdered his parents and then asked for mercy because he is now an ‘orphan,’” CAIR said in a statement.
“To reject a report on starvation in northern Gaza by appearing to boast about the fact that it has been successfully ethnically cleansed of its native population is just the latest example of Biden administration officials supporting, enabling, and excusing Israel’s clear and open campaign of genocide in Gaza,” the Washington, DC-based group continued.
On Monday, FEWS Net, a US-created provider of warning and analysis on food insecurity, released a report detailing that a famine had allegedly taken hold of northern Gaza. The report argued that 65,000-75,000 individuals remain stranded in the area without sufficient access to food.
“Israel’s near-total blockade of humanitarian and commercial food supplies to besieged areas of North Gaza Governorate” has resulted in mass starvation among scores of innocent civilians in the beleaguered enclave, the report stated.
Lew subsequently issued a statement denying the veracity of the FEWS Net report, slamming the organization for peddling “inaccurate” information and “causing confusion.”
“The report issued today on Gaza by FEWS NET relies on data that is outdated and inaccurate. We have worked closely with the Government of Israel and the UN to provide greater access to the North Governorate, and it is now apparent that the civilian population in that part of Gaza is in the range of 7,000-15,000, not 65,000-75,000 which is the basis of this report,” Lew wrote.
“At a time when inaccurate information is causing confusion and accusations, it is irresponsible to issue a report like this. We work day and night with the UN and our Israeli partners to meet humanitarian needs — which are great — and relying on inaccurate data is irresponsible,” Lew continued.
Following Lew’s repudiation, FEWS NET quietly removed the report on Wednesday, sparking outrage among supporters of the pro-Palestinian cause.
“We ask FEWS NET not to submit to the bullying of genocide supporters and to again make its report available to the public,” CAIR said in its statement.
In the year following the Palestinian terrorist group Hamas’s invasion of and massacre across southern Israel last Oct. 7, Israel has been repeatedly accused of inflicting famine in Hamas-ruled Gaza. Despite the allegations, there is scant evidence of mass starvation across the war-torn enclave.
This is not the first time that FEWS Net has attempted to accuse Israel of inflicting famine in Gaza. In June, the United Nations Famine Review Committee (FRC), a panel of experts in international food security and nutrition, rejected claims by FEWS Net that a famine had taken hold of northern Gaza. In rejecting the allegations, the FRC cited an “uncertainty and lack of convergence of the supporting evidence employed in the analysis.”
Meanwhile, CAIR has been embroiled in controversy since the onset of the Gaza war last October.
CAIR has been embroiled in controversy since the Oct. 7 atrocities. The head of CAIR, for example, said he was “happy” to witness Hamas’s rampage across southern Israel.
“The people of Gaza only decided to break the siege — the walls of the concentration camp — on Oct. 7,” CAIR co-founder and executive director Nihad Awad said in a speech during the American Muslims for Palestine convention in Chicago in November. “And yes, I was happy to see people breaking the siege and throwing down the shackles of their own land, and walk free into their land, which they were not allowed to walk in.”
CAIR has long been a controversial organization. In the 2000s, it was named as an unindicted co-conspirator in the Holy Land Foundation terrorism financing case. Politico noted in 2010 that “US District Court Judge Jorge Solis found that the government presented ‘ample evidence to establish the association’” of CAIR with Hamas.
According to the Anti-Defamation League (ADL), “some of CAIR’s current leadership had early connections with organizations that are or were affiliated with Hamas.” CAIR has disputed the accuracy of the ADL’s claim and asserted that it “unequivocally condemn[s] all acts of terrorism, whether carried out by al-Qa’ida, the Real IRA, FARC, Hamas, ETA, or any other group designated by the US Department of State as a ‘Foreign Terrorist Organization.’”
The post Controversial Islamic Group CAIR Chides US Ambassador to Israel Jack Lew for Denying Report of ‘Famine’ in Gaza first appeared on Algemeiner.com.
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Jewish Civil Rights Group Representing Amsterdam Pogrom Victims Slams Dutch Court for ‘Light Sentences’
Israeli Maccabi Tel Aviv supporters are guarded by police after violence targeting Israeli football fans broke out in Amsterdam overnight, in Amsterdam, Netherlands, November 8, 2024. Photo: REUTERS/Ami Shooman/Israel Hayom
The international Jewish civil rights organization legally representing more than 50 victims of the attack on Israeli soccer fans that took place in Amsterdam last month has joined many voices in lambasting a Dutch court for what they described as a mild punishment for the attackers.
“These sentences are an insult to the victims and a stain on the Dutch legal system,” The Lawfare Project’s founder and executive director Brooke Goldstein said in a statement on Wednesday. “Allowing individuals who coordinated and celebrated acts of violence to walk away with minimal consequences diminishes the rule of law and undermines trust in the judicial process. If this is the response to such blatant antisemitism, what hope is there for deterring future offenders or safeguarding the Jewish community.”
On Tuesday, a district court in Amsterdam sentenced five men for their participation in the violent attacks in the Dutch city against fans of the Israeli soccer team Maccabi Tel Aviv. The premeditated and coordinated violence took place on the night of Nov. 7 and into the early hours of Nov 8, before and after Maccabi Tel Aviv competed against the Dutch soccer team Ajax in a UEFA Europa League match. The five suspects were sentenced to up to 100 hours of community service and up to six months in prison.
The attackers were found guilty of public violence, which included kicking an individual lying on the ground, and inciting the violence by calling on members of a WhatsApp group chat to gather and attack Maccabi Tel Aviv fans. One man sentenced on Tuesday who had a “leading role” in the violence, according to prosecutors, was given the longest sentence — six months in prison.
“As someone who witnessed these trials firsthand, I am deeply disheartened by the leniency of these sentences,” added Ziporah Reich, director of litigation at The Lawfare Project. “The violent, coordinated attacks against Jews in Amsterdam are among the worst antisemitic incidents in Europe. These light sentences fail to reflect the gravity of these crimes and do little to deliver justice to the victims who are left traumatized and unheard. Even more troubling, they set a dangerous precedent, signaling to future offenders that such horrific acts of violence will not be met with serious consequences.”
The Lawfare Project said on Wednesday that it is representing over 50 victims of the Amsterdam attacks. It has also secured for their clients a local counsel — Peter Plasman, who is a partner at the Amsterdam-based law firm Kötter L’Homme Plasman — to represent them in the Netherlands. The Lawfare Project aims to protect the civil and human rights of Jewish people around the world through legal action.
Others who have criticized the Dutch court for its sentencing of the five men on Tuesday included Arsen Ostrovsky, a leading human rights attorney and CEO of The International Legal Forum; Tal-Or Cohen, the founder and CEO of CyberWell; and The Center for Information and Documentation on Israel.
The post Jewish Civil Rights Group Representing Amsterdam Pogrom Victims Slams Dutch Court for ‘Light Sentences’ first appeared on Algemeiner.com.
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