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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.
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Antisemitic Incidents at Argentina Local Soccer Match Spark Official Investigations, Condemnations
Fans of Argentinian soccer club All Boys marched through the streets before their match against Atlanta soccer club, carrying a coffin draped with an Israeli flag alongside Iranian and Palestinian flags. Photo: Screenshot
Argentinian authorities and soccer officials have launched investigations following antisemitic incidents by Club Atlético All Boys fans during Sunday’s local match against Atlanta.
Atlanta, a soccer team based in the Villa Crespo neighborhood of Buenos Aires, has deep historical ties to Argentina’s Jewish community, which has long been a significant presence in the area.
This latest antisemitic incident took place outside the stadium before the game had even started.
All Boys fans were seen waving Palestinian and Iranian flags, carrying a coffin draped with an Israeli flag, and handing out flyers bearing messages like “Free Palestine” and “Israel and Atlanta are the same crap.”
Before a football match today against the Argentine sports club Atlanta, which is closely associated with the Jewish community, fans of the opposing team, All Boys, waved Islamic Republic and Palestinian flags while parading a coffin draped in an Israeli flag through the streets.… pic.twitter.com/IQs4v6eoFz
— Hen Mazzig (@HenMazzig) June 29, 2025
Then, during the match — which ended in a 0-0 draw — a drone carrying a Palestinian flag flew over the stadium, while some fans reportedly chanted anti-Israel slogans.
Local police confirmed they have issued citations to individuals accused of inciting public disorder and related offenses.
On Monday, the Argentine Football Association (AFA) condemned the incidents as “abhorrent” and confirmed the organization has opened a formal inquiry into the events.
“This is not folklore. This is discrimination,” the statement reads.
Argentina’s Security Minister Patricia Bullrich also announced that a criminal complaint has been filed, citing “acts of violence, expressions of racial and religious hatred, and public intimidation.”
In a post on X, the Delegation of Argentine Israelite Associations (DAIA), the country’s Jewish umbrella organization, condemned the incidents and called on both local authorities and the soccer officials to “take firm action against these acts of hatred.”
“We urge the authorities to take all necessary actions and apply the full force of the law,” the statement reads. “Violence and discrimination must have no place in our society.”
Repudiamos enérgicamente las expresiones antisemitas ocurridas hoy en las inmediaciones del estadio Malvinas Argentinas.
Exigimos a las autoridades correspondientes, a la AFA y al Club All Boys que actúen con firmeza ante estos hechos de odio.
La violencia y la discriminación no… pic.twitter.com/3AmY7IQscY— DAIA (@DAIAArgentina) June 29, 2025
Since the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023, Argentina has experienced a surge in antisemitic incidents and anti-Jewish hate crimes.
According to a recent report by DAIA, Argentina experienced a 15 percent increase in antisemitic activity last year, with 687 anti-Jewish hate crimes recorded — up from 598 incidents in 2023 — marking a significant rise nationwide.
The study indicates that 66 percent of the antisemitic incidents originated in the digital realm, with a significant rise in Nazi symbols and conspiracy theories, but there was also a 34 percent increase in reported physical assaults, with such hate crimes rising in schools and neighborhoods.
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Iranian nuclear program degraded by up to two years, Pentagon says
A satellite image of Iran’s Fordow nuclear facility. Photo: File.
The Pentagon said on Wednesday that US strikes 10 days ago had degraded Iran’s nuclear program by up to two years, suggesting the U.S. military operation likely achieved its goals despite a far more cautious initial assessment that leaked to the public.
Sean Parnell, a Pentagon spokesman, offered the figure at a briefing to reporters, adding that the official estimate was “probably closer to two years.” Parnell did not provide evidence to back up his assessment.
“We have degraded their program by one to two years, at least intel assessments inside the Department [of Defense] assess that,” Parnell told a news briefing.
U.S. military bombers carried out strikes against three Iranian nuclear facilities on June 22 using more than a dozen 30,000-pound bunker-buster bombs and more than two dozen Tomahawk land attack cruise missiles.
The evolving U.S. intelligence about the impact of the strikes is being closely watched, after President Donald Trump said almost immediately after they took place that Iran’s program had been obliterated, language echoed by Parnell at Wednesday’s briefing.
Such conclusions often take the U.S. intelligence community weeks or more to determine.
“All of the intelligence that we’ve seen [has] led us to believe that Iran’s — those facilities especially, have been completely obliterated,” Parnell said.
Over the weekend, the head of the UN nuclear watchdog, Rafael Grossi, said that Iran could be producing enriched uranium in a few months, raising doubts about how effective US strikes to destroy Tehran’s nuclear program have been.
Several experts have also cautioned that Iran likely moved a stockpile of near weapons-grade highly enriched uranium out of the deeply buried Fordow site before the strikes and could be hiding it.
But US Defense Secretary Pete Hegseth said last week he was unaware of intelligence suggesting Iran had moved its highly enriched uranium to shield it from US strikes.
A preliminary assessment last week from the Defense Intelligence Agency suggested that the strikes may have only set back Iran’s nuclear program by months. But Trump administration officials said that assessment was low confidence and had been overtaken by intelligence showing Iran’s nuclear program was severely damaged.
According to Iranian Foreign Minister Abbas Araqchi, the strikes on the Fordow nuclear site caused severe damage.
“No one exactly knows what has transpired in Fordow. That being said, what we know so far is that the facilities have been seriously and heavily damaged,” Araqchi said in the interview broadcast by CBS News on Tuesday.
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Switzerland Moves to Close Gaza Humanitarian Foundation’s Geneva Office Over Legal Irregularities
Palestinians carry aid supplies received from the US-backed Gaza Humanitarian Foundation in the central Gaza Strip, May 29, 2025. Photo: REUTERS/Ramadan Abed/File Photo
Switzerland has moved to shut down the Geneva office of the Gaza Humanitarian Foundation (GHF), a US- and Israeli-backed aid group, citing legal irregularities in its establishment.
The GHF began distributing food packages in Gaza in late May, implementing a new aid delivery model aimed at preventing the diversion of supplies by Hamas, as Israel continues its defensive military campaign against the Palestinian terrorist group.
The initiative has drawn criticism from the UN and international organizations, some of which have claimed that Jerusalem is causing starvation in the war-torn enclave.
Israel has vehemently denied such accusations, noting that, until its recently imposed blockade, it had provided significant humanitarian aid in the enclave throughout the war.
Israeli officials have also said much of the aid that flows into Gaza is stolen by Hamas, which uses it for terrorist operations and sells the rest at high prices to Gazan civilians.
With a subsidiary registered in Geneva, the GHF — headquartered in Delaware — reports having delivered over 56 million meals to Palestinians in just one month.
According to a regulatory announcement published Wednesday in the Swiss Official Gazette of Commerce, the Federal Supervisory Authority for Foundations (ESA) may order the dissolution of the GHF if no creditors come forward within the legal 30-day period.
The Trump administration did not immediately respond to requests for comment on the Swiss decision to shut down its Geneva office.
“The GHF confirmed to the ESA that it had never carried out activities in Switzerland … and that it intends to dissolve the Geneva-registered branch,” the ESA said in a statement.
Last week, Geneva authorities gave the GHF a 30-day deadline to address legal shortcomings or risk facing enforcement measures.
Under local laws and regulations, the foundation failed to meet several requirements: it did not appoint a board member authorized to sign documents domiciled in Switzerland, did not have the minimum three board members, lacked a Swiss bank account and valid address, and operated without an auditing body.
The GHF operates independently from UN-backed mechanisms, which Hamas has sought to reinstate, arguing that these vehicles are more neutral.
Israeli and American officials have rejected those calls, saying Hamas previously exploited UN-run systems to siphon aid for its war effort.
The UN has denied those allegations while expressing concerns that the GHF’s approach forces civilians to risk their safety by traveling long distances across active conflict zones to reach food distribution points.
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