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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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Hamas Says No Interim Hostage Deal Possible Without Work Toward Permanent Ceasefire

Explosions send smoke into the air in Gaza, as seen from the Israeli side of the border, July 17, 2025. Photo: REUTERS/Amir Cohen

The spokesperson for Hamas’s armed wing said on Friday that while the Palestinian terrorist group favors reaching an interim truce in the Gaza war, if such an agreement is not reached in current negotiations it could revert to insisting on a full package deal to end the conflict.

Hamas has previously offered to release all the hostages held in Gaza and conclude a permanent ceasefire agreement, and Israel has refused, Abu Ubaida added in a televised speech.

Arab mediators Qatar and Egypt, backed by the United States, have hosted more than 10 days of talks on a US-backed proposal for a 60-day truce in the war.

Israeli officials were not immediately available for comment on the eve of the Jewish Sabbath.

Israeli Prime Minister Benjamin Netanyahu’s office said in a statement on a call he had with Pope Leo on Friday that Israel‘s efforts to secure a hostage release deal and 60-day ceasefire “have so far not been reciprocated by Hamas.”

As part of the potential deal, 10 hostages held in Gaza would be returned along with the bodies of 18 others, spread out over 60 days. In exchange, Israel would release a number of detained Palestinians.

“If the enemy remains obstinate and evades this round as it has done every time before, we cannot guarantee a return to partial deals or the proposal of the 10 captives,” said Abu Ubaida.

Disputes remain over maps of Israeli army withdrawals, aid delivery mechanisms into Gaza, and guarantees that any eventual truce would lead to ending the war, said two Hamas officials who spoke to Reuters on Friday.

The officials said the talks have not reached a breakthrough on the issues under discussion.

Hamas says any agreement must lead to ending the war, while Netanyahu says the war will only end once Hamas is disarmed and its leaders expelled from Gaza.

Almost 1,650 Israelis and foreign nationals have been killed as a result of the conflict, including 1,200 killed in the Oct. 7, 2023, Hamas attack on southern Israel, according to Israeli tallies. Over 250 hostages were kidnapped during Hamas’s Oct. 7 onslaught.

Israel responded with an ongoing military campaign aimed at freeing the hostages and dismantling Hamas’s military and governing capabilities in neighboring Gaza.

The post Hamas Says No Interim Hostage Deal Possible Without Work Toward Permanent Ceasefire first appeared on Algemeiner.com.

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Iran Marks 31st Anniversary of AMIA Bombing by Slamming Argentina’s ‘Baseless’ Accusations, Blaming Israel

People hold images of the victims of the 1994 bombing attack on the Argentine Israeli Mutual Association (AMIA) community center, marking the 30th anniversary of the attack, in Buenos Aires, Argentina, July 18, 2024. Photo: REUTERS/Irina Dambrauskas

Iran on Friday marked the 31st anniversary of the 1994 bombing of the Argentine Israelite Mutual Association (AMIA) Jewish community center in Buenos Aires by slamming Argentina for what it called “baseless” accusations over Tehran’s alleged role in the terrorist attack and accusing Israel of politicizing the atrocity to influence the investigation and judicial process.

The Iranian Foreign Ministry issued a statement on the anniversary of Argentina’s deadliest terrorist attack, which killed 85 people and wounded more than 300.

“While completely rejecting the accusations against Iranian citizens, the Islamic Republic of Iran condemns attempts by certain Argentine factions to pressure the judiciary into issuing baseless charges and politically motivated rulings,” the statement read.

“Reaffirming that the charges against its citizens are unfounded, the Islamic Republic of Iran insists on restoring their reputation and calls for an end to this staged legal proceeding,” it continued.

Last month, a federal judge in Argentina ordered the trial in absentia of 10 Iranian and Lebanese nationals suspected of orchestrating the attack in Buenos Aires.

The ten suspects set to stand trial include former Iranian and Lebanese ministers and diplomats, all of whom are subject to international arrest warrants issued by Argentina for their alleged roles in the terrorist attack.

In its statement on Friday, Iran also accused Israel of influencing the investigation to advance a political campaign against the Islamist regime in Tehran, claiming the case has been used to serve Israeli interests and hinder efforts to uncover the truth.

“From the outset, elements and entities linked to the Zionist regime [Israel] exploited this suspicious explosion, pushing the investigation down a false and misleading path, among whose consequences was to disrupt the long‑standing relations between the people of Iran and Argentina,” the Iranian Foreign Ministry said.

“Clear, undeniable evidence now shows the Zionist regime and its affiliates exerting influence on the Argentine judiciary to frame Iranian nationals,” the statement continued.

In April, lead prosecutor Sebastián Basso — who took over the case after the 2015 murder of his predecessor, Alberto Nisman — requested that federal Judge Daniel Rafecas issue national and international arrest warrants for Iran’s Supreme Leader Ayatollah Ali Khamenei over his alleged involvement in the attack.

Since 2006, Argentine authorities have sought the arrest of eight Iranians — including former president Ali Akbar Hashemi Rafsanjani, who died in 2017 — yet more than three decades after the deadly bombing, all suspects remain still at large.

In a post on X, the Delegation of Argentine Israelite Associations (DAIA), the country’s Jewish umbrella organization, released a statement commemorating the 31st anniversary of the bombing.

“It was a brutal attack on Argentina, its democracy, and its rule of law,” the group said. “At DAIA, we continue to demand truth and justice — because impunity is painful, and memory is a commitment to both the present and the future.”

Despite Argentina’s longstanding belief that Lebanon’s Shiite Hezbollah terrorist group carried out the devastating attack at Iran’s request, the 1994 bombing has never been claimed or officially solved.

Meanwhile, Tehran has consistently denied any involvement and refused to arrest or extradite any suspects.

To this day, the decades-long investigation into the terrorist attack has been plagued by allegations of witness tampering, evidence manipulation, cover-ups, and annulled trials.

In 2006, former prosecutor Nisman formally charged Iran for orchestrating the attack and Hezbollah for carrying it out.

Nine years later, he accused former Argentine President Cristina Fernández de Kirchner — currently under house arrest on corruption charges — of attempting to cover up the crime and block efforts to extradite the suspects behind the AMIA atrocity in return for Iranian oil.

Nisman was killed later that year, and to this day, both his case and murder remain unresolved and under ongoing investigation.

The alleged cover-up was reportedly formalized through the memorandum of understanding signed in 2013 between Kirchner’s government and Iranian authorities, with the stated goal of cooperating to investigate the AMIA bombing.

The post Iran Marks 31st Anniversary of AMIA Bombing by Slamming Argentina’s ‘Baseless’ Accusations, Blaming Israel first appeared on Algemeiner.com.

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Jordan Reveals Muslim Brotherhood Operating Vast Illegal Funding Network Tied to Gaza Donations, Political Campaigns

Murad Adailah, the head of Jordan’s Muslim Brotherhood, attends an interview with Reuters in Amman, Jordan, Sept. 7, 2024. Photo: REUTERS/Jehad Shelbak

The Muslim Brotherhood, one of the Arab world’s oldest and most influential Islamist movements, has been implicated in a wide-ranging network of illegal financial activities in Jordan and abroad, according to a new investigative report.

Investigations conducted by Jordanian authorities — along with evidence gathered from seized materials — revealed that the Muslim Brotherhood raised tens of millions of Jordanian dinars through various illegal activities, the Jordan news agency (Petra) reported this week.

With operations intensifying over the past eight years, the report showed that the group’s complex financial network was funded through various sources, including illegal donations, profits from investments in Jordan and abroad, and monthly fees paid by members inside and outside the country.

The report also indicated that the Muslim Brotherhood has taken advantage of the war in Gaza to raise donations illegally.

Out of all donations meant for Gaza, the group provided no information on where the funds came from, how much was collected, or how they were distributed, and failed to work with any international or relief organizations to manage the transfers properly.

Rather, the investigations revealed that the Islamist network used illicit financial mechanisms to transfer funds abroad.

According to Jordanian authorities, the group gathered more than JD 30 million (around $42 million) over recent years.

With funds transferred to several Arab, regional, and foreign countries, part of the money was allegedly used to finance domestic political campaigns in 2024, as well as illegal activities and cells.

In April, Jordan outlawed the Muslim Brotherhood, the country’s most vocal opposition group, and confiscated its assets after members of the Islamist movement were found to be linked to a sabotage plot.

The movement’s political arm in Jordan, the Islamic Action Front, became the largest political grouping in parliament after elections last September, although most seats are still held by supporters of the government.

Opponents of the group, which is banned in most Arab countries, label it a terrorist organization. However, the movement claims it renounced violence decades ago and now promotes its Islamist agenda through peaceful means.

The post Jordan Reveals Muslim Brotherhood Operating Vast Illegal Funding Network Tied to Gaza Donations, Political Campaigns first appeared on Algemeiner.com.

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