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Israel Isn’t Violating International Law; Hezbollah Is Putting Civilians at Risk
Smoke billows over Khiam, amid ongoing hostilities between Hezbollah and Israeli forces, as pictured from Marjayoun, near the border with Israel, Oct. 29, 2024. Photo: REUTERS/Karamallah Daher
A PBS Newshour report on October 22 about the fighting between Israel and Hezbollah incorrectly claimed that Israel’s “attacking medical workers and striking health care facilities are war crimes.” But this is not an accurate statement of international law, nor would anyone with an understanding of how law works claim it to be so. Both the Geneva Conventions and Customary International Humanitarian law provide that medical facilities lose their protected status when they are used for military purposes.
The International Committee of the Red Cross’s customary international humanitarian law database, Rule 28, states, “Medical units exclusively assigned to medical purposes must be respected and protected in all circumstances. They lose their protection if they are being used, outside their humanitarian function, to commit acts harmful to the enemy.” (Emphasis added.)
And Article 21 of the Geneva Conventions states, “The protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded.” (Emphasis added.)
Even a previous PBS report has acknowledged that, according to the International Committee of the Red Cross, “hospitals can lose their protections if combatants use them to hide fighters or store weapons.”
This has to be the case, otherwise it would incentivize warring parties to turn their hospitals into military bases, and provide a mechanism for those parties to attack others with impunity. And, indeed, for these reasons, US forces or US-backed forces attacked hospitals in Iraq on at least four occasions. Despite this, PBS’ Geoff Bennett introduced the segment by Leila Molana-Allen with the unqualified assertion that “Israeli airstrikes around Beirut have increasingly targeted health care facilities and health care workers,” and Molana-Allen failed to qualify her description of international law, creating a false impression of Israeli actions in Lebanon.
Further, within the report, Molana-Allen says, “and now, hospitals as well as homes are under attack. Yesterday Israel’s authorities said they believed a Hezbollah cash trove sat under Beirut’s El Sahel hospital, but said they wouldn’t strike it. Instead, they hit a different one. Just before midnight, an airstrike was launched on the entrance of Beirut’s Rafik Hariri hospital, flattening four buildings in front of it….” (Emphasis added.)
But as multiple news sources made clear, the hospital itself was not the target of the attack, and in fact, it wasn’t even hit — though it seems to have suffered collateral damage from the blast. The BBC reported “the Israeli military said it hit a ‘Hezbollah terrorist target,’” and that the buildings that were hit were about 160 feet from the hospital. Even The New York Times reported that the strike was on “residential buildings across from,” the hospital.
But it appears as though Molana-Allen is trying to make it seem like the hospital itself was struck, when she says, “this is the capital’s main specialist public hospital, where children injured in the bombings are receiving surgery. Rescuers dug for hours through the mangled carcass of concrete and iron searching for survivors.”
One interview subject, a Lebanese medic, is quoted saying, “they [the IDF] don’t differentiate at all between military personnel, civilians, or paramedics. Anyone trying to do their duty is at risk.” Yet, the speaker has no way to know what the military objectives of any particular strike are.
The segment also featured a video clip of what Molana-Allen claims is, “an 11-story apartment block leveled in less than a second. Dozens of homes and lives demolished.” But, though she does note that residents were warned to flee, she makes no effort to explain why the building was a target. In fact, the IDF press office has confirmed to CAMERA that the building was part of Hezbollah’s infrastructure.
The IDF has said for years that “Hezbollah militants and arms are systematically embedded in civilian areas and urban population centers.”
And on October 16, US State Department spokesperson Matthew Miller acknowledged, “We understand that Hezbollah does operate at times from underneath civilian homes, inside civilian homes. We’ve seen footage that has emerged over the course of the past two weeks of rockets and other military weapons held in civilian homes.”
Of course it is tragic when civilian homes or medical facilities are caught up in fighting, and even more so when civilians lose their lives, but Hezbollah, like Hamas, has embedded itself within the civilian population. Any blame for such death and destruction must be properly laid at the feet of those who store weapons in residences, and who forced the opening of this front in the war with 11 months of rocket attacks on northern Israel that displaced tens of thousands of Israelis from their homes, including the July 27 attack that killed 12 Israeli Druze teenagers.
Neither the slain Israeli children nor the many displaced Israeli civilians were mentioned in this report. At fault as well is UNIFIL, which failed in its mission to protect both Israeli and Lebanese civilians by restraining Hezbollah, yet which also isn’t even mentioned in Molana-Allen’s report.
Karen Bekker is the Assistant Director in the Media Response Team at CAMERA, the Committee for Accuracy in Middle East Reporting and Analysis, where a version of this article first appeared.
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Iran, US Task Experts to Design Framework for a Nuclear Deal, Tehran Says
Atomic symbol and USA and Iranian flags are seen in this illustration taken, September 8, 2022. Photo: REUTERS/Dado Ruvic/Illustration/File Photo
Iran and the United States agreed on Saturday to task experts to start drawing up a framework for a potential nuclear deal, Iran’s foreign minister said, after a second round of talks following President Donald Trump’s threat of military action.
At their second indirect meeting in a week, Foreign Minister Abbas Araqchi negotiated for almost four hours in Rome with Trump’s Middle East envoy Steve Witkoff, through an Omani official who shuttled messages between them.
Trump, who abandoned a 2015 nuclear pact between Tehran and world powers during his first term in 2018, has threatened to attack Iran unless it reaches a new deal swiftly that would prevent it from developing a nuclear weapon.
Iran, which says its nuclear program is peaceful, says it is willing to discuss limited curbs to its atomic work in return for lifting international sanctions.
Speaking on state TV after the talks, Araqchi described them as useful and conducted in a constructive atmosphere.
“We were able to make some progress on a number of principles and goals, and ultimately reached a better understanding,” he said.
“It was agreed that negotiations will continue and move into the next phase, in which expert-level meetings will begin on Wednesday in Oman. The experts will have the opportunity to start designing a framework for an agreement.”
The top negotiators would meet again in Oman next Saturday to “review the experts’ work and assess how closely it aligns with the principles of a potential agreement,” he added.
Echoing cautious comments last week from Supreme Leader Ali Khamenei, he added: “We cannot say for certain that we are optimistic. We are acting very cautiously. There is no reason either to be overly pessimistic.”
There was no immediate comment from the US side following the talks. Trump told reporters on Friday: “I’m for stopping Iran, very simply, from having a nuclear weapon. They can’t have a nuclear weapon. I want Iran to be great and prosperous and terrific.”
Washington’s ally Israel, which opposed the 2015 agreement with Iran that Trump abandoned in 2018, has not ruled out an attack on Iran’s nuclear facilities in the coming months, according to an Israeli official and two other people familiar with the matter.
Since 2019, Iran has breached and far surpassed the 2015 deal’s limits on its uranium enrichment, producing stocks far above what the West says is necessary for a civilian energy program.
A senior Iranian official, who described Iran’s negotiating position on condition of anonymity on Friday, listed its red lines as never agreeing to dismantle its uranium enriching centrifuges, halt enrichment altogether or reduce its enriched uranium stockpile below levels agreed in the 2015 deal.
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Hamas Says Fate of US-Israeli Hostage Unknown After Guard Killed in Israel Strike
Varda Ben Baruch, the grandmother of Edan Alexander, 19, an Israeli army volunteer kidnapped by Hamas, attends a special Kabbalat Shabbat ceremony with families of other hostages, in Herzliya, Israel October 27, 2023 REUTERS/Kuba Stezycki
Hamas said on Saturday the fate of an Israeli dual national soldier believed to be the last US citizen held alive in Gaza was unknown, after the body of one of the guards who had been holding him was found killed by an Israeli strike.
A month after Israel abandoned the ceasefire with the resumption of intensive strikes across the breadth of Gaza, Israel was intensifying its attacks.
President Donald Trump’s envoy Steve Witkoff said in March that freeing Edan Alexander, a 21-year-old New Jersey native who was serving in the Israeli army when he was captured during the Oct. 7, 2023 attacks that precipitated the war, was a “top priority.” His release was at the center of talks held between Hamas leaders and US negotiator Adam Boehler last month.
Hamas had said on Tuesday that it had lost contact with the militants holding Alexander after their location was hit in an Israeli attack. On Saturday it said the body of one of the guards had been recovered.
“The fate of the prisoner and the rest of the captors remains unknown,” said Hamas armed wing Al-Qassam Brigades’ spokesperson Abu Ubaida.
“We are trying to protect all the hostages and preserve their lives … but their lives are in danger because of the criminal bombings by the enemy’s army,” Abu Ubaida said.
The Israeli military did not respond to a Reuters request for comment.
Hamas released 38 hostages under the ceasefire that began on January 19. Fifty-nine are still believed to be held in Gaza, fewer than half of them still alive.
Israel put Gaza under a total blockade in March and restarted its assault on March 18 after talks failed to extend the ceasefire. Hamas says it will free remaining hostages only under an agreement that permanently ends the war; Israel says it will agree only to a temporary pause.
On Friday, the Israeli military said it hit about 40 targets across the enclave over the past day. The military on Saturday announced that a 35-year-old soldier had died in combat in Gaza.
NETANYAHU STATEMENT
Late on Thursday Khalil Al-Hayya, Hamas’ Gaza chief, said the movement was willing to swap all remaining 59 hostages for Palestinians jailed in Israel in return for an end to the war and reconstruction of Gaza.
He dismissed an Israeli offer, which includes a demand that Hamas lay down its arms, as imposing “impossible conditions.”
Israel has not responded formally to Al-Hayya’s comments, but ministers have said repeatedly that Hamas must be disarmed completely and can play no role in the future governance of Gaza. Israeli Prime Minister Benjamin Netanyahu is scheduled to give a statement later on Saturday.
Hamas on Saturday also released an undated and edited video of Israeli hostage Elkana Bohbot. Hamas has released several videos over the course of the war of hostages begging to be released. Israeli officials have dismissed past videos as propaganda.
After the video was released, Bohbot’s family said in a statement that they were “deeply shocked and devastated,” and expressed concern for his mental and physical condition.
“How much longer will he be expected to wait and ‘stay strong’?” the family asked, urging for all of the 59 hostages who are still held in Gaza to be brought home.
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Oman’s Sultan to Meet Putin in Moscow After Iran-US Talks
FILE PHOTO: Sultan Haitham bin Tariq al-Said gives a speech after being sworn in before the royal family council in Muscat, Oman January 11, 2020. Photo: REUTERS/Sultan Al Hasani/File Photo
Oman’s Sultan Haitham bin Tariq al-Said is set to visit Moscow on Monday, days after the start of a round of Muscat-mediated nuclear talks between the US and Iran.
The sultan will hold talks with Russian President Vladimir Putin on Tuesday, the Kremlin said.
Iran and the US started a new round of nuclear talks in Rome on Saturday to resolve their decades-long standoff over Tehran’s atomic aims, under the shadow of President Donald Trump’s threat to unleash military action if diplomacy fails.
Ahead of Saturday’s talks, Iranian Foreign Minister Abbas Araqchi met his Russian counterpart Sergei Lavrov in Moscow. Following the meeting, Lavrov said Russia was “ready to assist, mediate and play any role that will be beneficial to Iran and the USA.”
Moscow has played a role in Iran’s nuclear negotiations in the past as a veto-wielding U.N. Security Council member and signatory to an earlier deal that Trump abandoned during his first term in 2018.
The sultan’s meetings in Moscow visit will focus on cooperation on regional and global issues, the Omani state news agency and the Kremlin said, without providing further detail.
The two leaders are also expected to discuss trade and economic ties, the Kremlin added.
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