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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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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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Key US Lawmaker Warns Ireland of Potential Economic Consequences for ‘Antisemitic Path’ Against Israel
US Sen. James Risch (R-ID) speaks during a Senate Foreign Relations Committee hearing, Washington, DC, May 21, 2024. Photo: Graeme Sloan/Sipa USA via Reuters Connect
Senate Foreign Relations Committee Chairman James Risch (R-ID) issued a sharp warning Tuesday, accusing Ireland of embracing antisemitism and threatening potential economic consequences if the Irish government proceeds with new legislation targeting Israeli trade.
“Ireland, while often a valuable U.S. partner, is on a hateful, antisemitic path that will only lead to self-inflicted economic suffering,” Risch wrote in a post on X. “If this legislation is implemented, America will have to seriously reconsider its deep and ongoing economic ties. We will always stand up to blatant antisemitism.”
Marking a striking escalation in rhetoric from a senior US lawmaker, Risch’s comments came amid growing tensions between Ireland and Israel, which have intensified dramatically since the Hamas-led attacks on southern Israel on October 7, 2023. Those attacks, in which roughly 1,200 Israelis were killed and more than 200 taken hostage, prompted a months-long Israeli military campaign in Gaza that has drawn widespread international scrutiny. Ireland has positioned itself as one of the most vocal critics of Israel’s response, accusing the Israeli government of disproportionate use of force and calling for immediate humanitarian relief and accountability for the elevated number of Palestinian civilian casualties.
Dublin’s stance has included tangible policy shifts. In May 2024, Ireland formally recognized a Palestinian state, becoming one of the first European Union members to do so following the outbreak of the war in Gaza. The move was condemned by Israeli officials, who recalled their ambassador to Ireland and accused the Irish government of legitimizing terrorism. Since then, Irish lawmakers have proposed further measures, including legislation aimed at restricting imports from Israeli settlements in the West Bank, policies viewed in Israel and among many American lawmakers as aligning with the controversial Boycott, Divestment, and Sanctions (BDS) movement.
While Irish leaders have defended their approach as grounded in international law and human rights, critics in Washington, including Risch, have portrayed it as part of a broader pattern of hostility toward Israel. Some US lawmakers have begun raising the possibility of reevaluating trade and diplomatic ties with Ireland in response.
Risch’s warning is one of the clearest indications yet that Ireland’s policies toward Israel could carry economic consequences. The United States is one of Ireland’s largest trading partners, and American companies such as Apple, Google, Meta and Pfizer maintain substantial operations in the country, drawn by Ireland’s favorable tax regime and access to the EU market.
Though the Trump administration has not echoed Risch’s warning, the remarks reflect growing unease in Washington about the trajectory of Ireland’s foreign policy. The State Department has maintained a careful balancing act, expressing strong support for Israel’s security while calling for increased humanitarian access in Gaza. Officials have stopped short of condemning Ireland’s actions directly but have expressed concern about efforts they see as isolating Israel on the international stage.
Ireland’s stance is emblematic of a growing international divide over the war. While the US continues to provide military and diplomatic backing to Israel, many European countries have called for an immediate ceasefire and investigations into alleged war crimes.
Irish public opinion has long leaned pro-Palestinian, and Irish lawmakers have repeatedly voiced concern over the scale of destruction in Gaza and the dire humanitarian situation.
Irish officials have not yet responded to The Algemeiner’s request for comment.
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Israel Condemns Iran’s Suspension of IAEA Cooperation, Urges Europe to Reinstate UN Sanctions
Israeli Foreign Minister Gideon Saar at a press conference in Berlin, Germany, June 5, 2025. REUTERS/Christian Mang/File Photo
Israeli Foreign Minister Gideon Saar on Wednesday condemned Iran’s decision to halt cooperation with the UN’s nuclear watchdog and called on the international community to reinstate sanctions to curb Tehran’s nuclear ambitions.
“Iran has just issued a scandalous announcement about suspending its cooperation with the IAEA (International Atomic Energy Agency),” Saar wrote in a post on X. “This is a complete renunciation of all its international nuclear obligations and commitments.”
Last week, the Iranian parliament voted to suspend cooperation with the IAEA “until the safety and security of [the country’s] nuclear activities can be guaranteed.”
“The IAEA and its Director-General are fully responsible for this sordid state of affairs,” Iranian Foreign Minister Abbas Araghchi wrote in a post on X.
The top Iranian diplomat said this latest decision was “a direct result of [IAEA Director-General Rafael Grossi’s] regrettable role in obfuscating the fact that the Agency — a full decade ago — already closed all past issues.
“Through this malign action,” Araghchi continued, “he directly facilitated the adoption of a politically-motivated resolution against Iran by the IAEA [Board of Governors] as well as the unlawful Israeli and US bombings of Iranian nuclear sites.”
The Parliament of Iran has voted for a halt to collaboration with the IAEA until the safety and security of our nuclear activities can be guaranteed.
This is a direct result of @rafaelmgrossi‘s regrettable role in obfuscating the fact that the Agency—a full decade ago—already…
— Seyed Abbas Araghchi (@araghchi) June 27, 2025
On Wednesday, Iranian President Masoud Pezeshkian approved a bill banning UN nuclear inspectors from entering the country until the Supreme National Security Council decides that there is no longer a threat to the safety of its nuclear sites.
In response, Saar urged European countries that were part of the now-defunct 2015 nuclear deal to activate its “snapback” clause and reinstate all UN sanctions lifted under the agreement.
Officially known as the Joint Comprehensive Plan of Action (JCPOA), this accord between Iran and several world powers imposed temporary restrictions on Tehran’s nuclear program in exchange for sanctions relief.
During his first term, US President Donald Trump withdrew from the deal and reinstated unilateral sanctions on Iran.
“The time to activate the Snapback mechanism is now! I call upon the E3 countries — Germany, France and the UK to reinstate all sanctions against Iran!” Saar wrote in a post on X.
“The international community must act decisively now and utilize all means at its disposal to stop Iranian nuclear ambitions,” he continued.
The time to activate the Snapback mechanism is now!
I call upon the E3 countries- Germany, France and the UK to reinstate all sanctions against Iran!
Iran has just issued a scandalous announcement about suspending its cooperation with the IAEA (International Atomic Energy…— Gideon Sa’ar | גדעון סער (@gidonsaar) July 2, 2025
Saar’s latest remarks come after Araghchi met last week in Geneva with his counterparts from Britain, France, Germany and the European Union’s Foreign Policy Chief Kaja Kallas — their first meeting since the Iran-Israel war began.
Europe is actively urging Iran to reengage in talks with the White House to prevent further escalation of tensions, but has yet to address the issue of reinstating sanctions.
Speaking during an official visit to Latvia on Tuesday, Saar said that “Operation Rising Lion” — Israel’s sweeping military campaign aimed at dismantling Iran’s nuclear capabilities — has “revealed the full extent of the Iranian regime’s threat to Israel, Europe, and the global order.”
“Iran deliberately targeted civilian population centers with its ballistic missiles,” Saar said at a press conference. “The same missile threat can reach Europe, including Latvia and the Baltic states.”
“Israel’s actions against the head of the snake in Iran contributed directly to the safety of Europe,” the Israeli top diplomat continued, adding that Israeli strikes have set back the Iranian nuclear program by many years.
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