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Use of human shields by Hamas

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A weapon found by IDF forces in a mosque during Gaza War (2008–2009)

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According to NATO,[1][2] the UN,[3] EU,[4] US[5][6] Israel,[7][8][9] and a number of European countries,[10] Hamas and other Palestinian militant groups have deliberately employed Gaza's civilian population as human shields. This tactic includes launching rockets, positioning military-related infrastructure in civilian areas, and engaging the Israel Defense Forces (IDF) from or near residential and commercial zones.[1] Over time, Hamas has consistently communicated their belief that civilian casualties are intentional and serve a strategic purpose.[7]

Accusations of using human shields by Palestinian factions, including Hamas, has been raised during the 2008 and 2014 conflicts in Gaza, as well as in the 2023 Israel–Hamas war. In the latter, Israel has presented evidence alleging that Hamas placed parts of its command network and military tunnel systems under civilian infrastructure, including Gaza City's Al-Shifa Hospital,[11][12] and stored weapons under the Al-Rantisi Hospital.[13][14][15][16] During the war, Hamas has reportedly attempted to discourage Palestinians from evacuating war zones, urging them to remain in place.[7]

According to a paper published by NATO Strategic Communications Centre of Excellence, the strategic use of human shields by groups like Hamas hinges on exploiting Israel's aim to minimize civilian casualties and the sensitivity of Western public opinion. This tactic allows Hamas to either accuse Israel of war crimes if civilian casualties occur or to protect its assets and continue operations if the IDF limits its military response. This approach is an example of 'lawfare', using legal and public platforms to challenge an adversary.[1][2]

History

2008–2009 Gaza War

During the 2008–2009 Gaza War the Israeli Ministry of Foreign Affairs has reported that Hamas frequently employs human shields to safeguard the residences of its officials.[17] Additionally, the Israeli Intelligence and Terrorism Information Center has charged Hamas and other militant groups with extensively using human shields as a key tactic in their warfare strategy.[18] This is claimed to be a method to deter the Israel Defense Forces (IDF) from attacking them. The IDF has also released footage that purportedly shows Palestinian combatants using ambulances. Magen David Adom stated that there was no use of PRCS ambulances for the purpose of transferring weapons or ammunition.[19]

In a post-war analysis of the conflict, Amnesty International stated that "Hamas and other Palestinian armed groups also violated international humanitarian law in their conduct within Gaza. They launched rockets and located military equipment and positions near civilian homes, endangering the lives of the inhabitants by exposing them to the risk of Israeli attacks. They also used empty homes and properties as combat positions during armed confrontations with Israeli forces, exposing the inhabitants of nearby houses to the danger of attacks or of being caught in the crossfire." Amnesty further stated "However, contrary to repeated allegations by Israeli officials of the use of “human shields", Amnesty International found no evidence that Hamas or other Palestinian fighters directed the movement of civilians to shield military objectives from attacks. It found no evidence that Hamas or other armed groups forced residents to stay in or around buildings used by fighters, nor that fighters prevented residents from leaving buildings or areas which had been commandeered by militants."[20]

2014 Gaza War

Numerous reports during the war stated that Hamas used human shields. The UN High Commissioner for Human Rights Navi Pillay accused Hamas militants of violating international humanitarian law by "locating rockets within schools and hospitals, or even launching these rockets from densely populated areas".[21] The European Union condemned Hamas, and in particular condemned "calls on the civilian population of Gaza to provide themselves as human shields".[22][23] In a September 2014 interview, a Hamas official acknowledged to Associated Press that the group fired at Israel from civilian areas.[24] He ascribed the practice to "mistakes", but said the group had little option due to the crowded landscape of the Strip, with its dearth of open zones. He denied accusations that rockets were launched "from schools or hospitals when in fact they were fired 200 or 300 meters (yards) away".[24] In a 2014 interview, a Hamas political leader Khaled Mashal said to a CNN interviewer that the group did not use its people as human shields.

In interviews with Gazan refugees, reporters for The Independent and The Guardian concluded it was a "myth" that Hamas forced civilians to stay in areas under attack against their will; many refugees told them they refused to heed the IDF's warnings because even areas Israel had declared safe for refugees had been shelled by its forces.[25][26] The BBC Middle East editor Jeremy Bowen also said he "saw no evidence of Hamas using Palestinians as human shields".[27] An Amnesty International document (dated 25 July 2014) asserts that they do "not have evidence at this point that Palestinian civilians have been intentionally used by Hamas or Palestinian armed groups during the current hostilities to 'shield' specific locations or military personnel or equipment from Israeli attacks".[28] Amnesty International's assessment was that international humanitarian law was clear in that "even if officials or fighters from Hamas or Palestinian armed groups associated with other factions did in fact direct civilians to remain in a specific location in order to shield military objectives from attacks, all of Israel's obligations to protect these civilians would still apply".[28] The human rights group, however, still found that Palestinian factions, as in previous conflicts, launched attacks from civilian areas.[28]

Hamas Arabic-speaking spokesman Sami Abu Zuhri called up Gaza civilians on Hamas's Al-Aqsa TV July 8, 2014 to stay put in areas under fire by Israel,[29][30] prompting accusations from Israel and others – the European Union, for example[22][23] – that Hamas was calling on people to volunteer as "in effect human shields".[31] For Amnesty International, however, Hamas' call may have been "motivated by a desire to avoid further panic" among civilians, considering both the lack of shelters in Gaza and the fact that some civilians who heeded the IDF's warnings had been casualties of Israeli attacks.[32]

During the war, Israel also damaged hospitals,[33] alleging they were concealing "hidden missiles".[34] A team of Finnish journalists from Helsingin Sanomat working at the Gaza Al-Shifa hospital reported seeing rockets fired from near the Al-Shifa hospital.[35][36] However, two Norwegian doctors who have been working at the hospital for decades have denied there was militant presence nearby, saying the last armed man they saw by the building was an Israeli doctor at the time of the First Intifada.[37] The Washington Post described Al-Shifa hospital as a "de facto headquarters for Hamas leaders, who can be seen in the hallways and offices".[38] Nick Casey of The Wall Street Journal tweeted a photo of a Hamas official using Al-Shifa hospital for media interviews, but later deleted the tweet.[39] French-Palestinian journalist Radjaa Abu Dagg reported being interrogated by an armed Hamas member inside Al-Shifa Hospital and ordered to leave Gaza.[40][41][42]

The same organization asserted that "there was ample evidence to indicate that, in defiance of IDF rules, Israeli soldiers had used Palestinian civilians and children as shields to protect themselves" by sending Palestinians into homes where other militants were located and to encourage their surrender.[43][44]

In 2015, The Washington Post said that an Amnesty International report condemned Palestinian militias for storing munitions in, and launching rockets from civilian structures and reported that the launching of attacks and storing of rockets "very near locations where hundreds of displaced civilians were taking shelter."[45][46] The report stated "the available evidence indicates that Palestinian armed groups fired rockets and mortars from residential areas during the July/August 2014 conflict, and that on at least some occasions, projectiles were launched in close proximity to civilian buildings…significant areas within the 365km2 of territory are not residential, and conducting hostilities or launching munitions from these areas presents a lower risk of endangering Palestinian civilians…Palestinian armed groups stored rockets and other munitions in civilian buildings and facilities, including UN schools, during the conflict… storing munitions in civilian buildings or launching attacks from the vicinity of civilian buildings, violate the obligation to take all feasible precautions to protect civilians from the effects of attacks. But they do not necessarily amount to the specific violation of using "human shields" under international humanitarian law, which entails “using the presence (or movements) of civilians or other protected persons to render certain points or areas (or military forces) immune from military operations."[47] According to Philip Luther, Director of the Middle East and North Africa Programme at Amnesty International, "evidence suggesting that a rocket launched by a Palestinian armed group may have caused 13 civilian deaths inside Gaza underscores how indiscriminate these weapons can be and the dreadful consequences of using them". He also stated that "the devastating impact of Israeli attacks on Palestinian civilians during the conflict is undeniable, but violations by one side in a conflict can never justify violations by their opponents."[46]

In 2019, a paper by the NATO Strategic Communications Centre of Excellence said that Hamas "has been using human shields in conflicts with Israel since 2007".[2][48]

2023 Israel–Hamas war

External videos
video icon Pentagon Spokesperson: Hamas has a command center under Al Shifa hospital in Gaza City

During the 2023 Israel–Hamas war, Israel stated that Hamas has strategically placed portions of its military tunnel system and command network beneath civilian infrastructure, including Gaza's al-Shifa Hospital. Video evidence from interrogations of two members of Hamas' armed wing appears to support the assertion that Hamas militants are using hospitals as a means of protection from IDF strikes.[7]

On 13 November 2023, IDF spokesman Daniel Hagari presented evidence to journalists indicating the presence of Hamas infrastructure at Al-Rantisi Hospital, a children hospital in Gaza. This evidence included a video showcasing explosives, suicide vests, and a motorcycle allegedly used in the attacks on 7 October, all hidden in a basement. Additionally, Hagari displayed footage of a deep shaft with a ladder, which he claimed was the entrance to a tunnel located adjacent to a school and a hospital. He described this tunnel as a "terror tunnel," underscoring its use for militant purposes.[14][15]

Evidence collected by the IDF indicated that Hamas used school buildings to store military hardware, such as rockets, anti-tank missiles, launchers, and automatic rifles. These military storages were found in close proximity to functioning classrooms, suggesting a deliberate strategy of using civilian structures as shields.[49][50]

White House National Security Council spokesperson John Kirby confirmed that he has intelligence indicating that Hamas is using the Shifa Hospital in Gaza City for military purposes, possibly for weapon storage and also for holding captives.[51][52]

Human Rights Watch called Hamas to protect civilians under their control and not use them as "human shields."[53]

Reactions

International community

2023 Israel–Hamas war

US President Joe Biden stated that Hamas was using innocent Palestinians as human shields and emphasized the need to protect them."[6] US Secretary of State, Antony Blinken, called on Hamas to stop using civilians as human shields.[5] Secretary-General of the UN Antonio Guterres has also stated that Hamas and other Palestinian factions have been using civilians as human shields.[3][54]

During a UN Security Council meeting on the Middle East held on 24 October 2023, UK Minister of State for Security, Tom Tugendhat, asserted, "We know that Hamas are using innocent Palestinian civilians as human shields; they have embedded themselves in civilian communities." Germany's Foreign Minister, Annalena Baerbock, said: “We must not be fooled by Hamas’ playbook,” and emphasizing “their use of women and children in Gaza as human shields, and their hiding of weapons under supermarkets, apartment blocks, and even hospitals.” Philippe Kridelka, Jean Asselborn, and Sergiy Kyslytsya, representing Belgium, Luxembourg, and Ukraine, respectively, also expressed condemnation for Hamas's use of civilians as human shields.[10]

On the 13 November 2023, 27 European Union nations jointly condemned Hamas for the use of hospitals and civilians as human shields.[55][56]

Response by Hamas

During the 2023 Israel–Hamas war, Hamas official Mousa Abu Marzook stated that the tunnels constructed by Hamas were built to safeguard and shelter Hamas militants, not civilians, also declaring that the duty to protect Gaza's civilian population rests with the UN and Israel.[57]

Analysis

Strategy

According to a paper published by NATO Strategic Communications Centre of Excellence, the tactical deployment of human shields by entities such as Hamas strategically capitalizes on Israel's commitment to reducing unintended civilian harm and the heightened sensitivity of Western audiences to non-combatant casualties. This approach enables Hamas to potentially charge Israel with war crimes when civilian casualties increase due to intensified actions by the Israel Defense Forces (IDF), potentially leading to international sanctions. On the other hand, should the IDF restrain its military engagements to minimize civilian casualties, Hamas gains an advantage, being less exposed to Israeli military strikes and able to safeguard its resources and continue its activities. Moreover, the issue of civilian casualties often creates internal debates within Israeli society, especially between the left-wing, who may critique the operation's consequences, and right-wing factions.[2]

Seen as a form of 'lawfare', according to NATO, this strategy is about leveraging legal frameworks and public sentiment against an adversary, aiming to undermine their legitimacy, engage their resources in legal battles, or secure a victory in the court of public opinion.[2]

All combatants, including insurgents, are bound by the law of war. Louis René Beres has analyzed the placing of military assets amid Palestinian civilian populations, categorizing it as a clear and punishable crime under international law. Placing military assets or personnel amid civilian populations is considered an act of perfidy, described as a "grave breach" in Article 147 of the Fourth Geneva Convention and forbidden by the Hague Regulations. Additionally, Protocol I of 1977, supplementing the Geneva Conventions of August 12, 1949, contains related prohibitions on perfidy. These regulations are enforced not only through the mentioned treaties but also via customary international law, as indicated by Article 38 of the Statute of the International Court of Justice. A, as underlined in Article 3, shared across the four Geneva Conventions of 1949.[58]

See also

References

  1. ^ a b c "Hamas' use of human shields in Gaza" (PDF). NATO Strategic Communications Centre of Excellence.
  2. ^ a b c d e James Pamment, Vladimir Sazonov, Francesca Granelli, Sean Aday, Māris Andžāns, Una Bērziņa-Čerenkova, John-Paul Gravelines, Mils Hills, Irene Martinez-Sanchez, Mariita Mattiisen, Holger Molder, Yeganeh Morakabati, Aurel Sari, Gregory Simons, Jonathan Terra, Hybrid Threats: Hamas’ use of human shields in Gaza Nato Strategic Communications Centre of Excellence, 5 June 2019 pp.147–169, 152
  3. ^ a b "Secretary-General's press conference on the Middle East | United Nations Secretary-General". www.un.org. Retrieved 2023-11-14.
  4. ^ "EU nations condemn Hamas for what they describe as use of hospitals, civilians as 'human shields'". AP News. 2023-11-13. Retrieved 2023-11-14.
  5. ^ a b Wintour, Patrick (2023-10-13). "Blinken urges Israel to avoid civilian deaths and wants safe zones in Gaza". The Guardian. ISSN 0261-3077. Retrieved 2023-11-14.
  6. ^ a b "Biden says Hamas using innocent Gazans as human shields; phones Netanyahu, PA's Abbas". Times of Israel. 15 Oct 2023.
  7. ^ a b c d Beaumont, Peter (2023-10-30). "What is a human shield and how has Hamas been accused of using them?". The Guardian. ISSN 0261-3077. Retrieved 2023-11-14.
  8. ^ "צה"ל חושף: כך חמאס משתמש בילדים כמגן אנושי לצרכי טרור | תיעוד". www.maariv.co.il. 2023-11-05. Retrieved 2023-11-14.
  9. ^ "בגן שעשועים ובבריכות ילדים: כך חמאס משתמש באזרחים כמגן אנושי לצורכי טרור | ישראל היום". www.israelhayom.co.il. 2023-11-05. Retrieved 2023-11-14.
  10. ^ a b "Amid Increasingly Dire Humanitarian Situation in Gaza, Secretary-General Tells Security Council Hamas Attacks Cannot Justify Collective Punishment of Palestinian People – Press Release". 9451ST MEETING (AM & PM) SC/15462 24 October 2023
  11. ^ "The Hamas compound Israeli troops expect to find under Gaza City's Shifa Hospital".
  12. ^ "Is Hamas hiding in Gaza's main hospital? Israel's claim is now a focal point in a dayslong stalemate". AP News. 2023-11-13. Retrieved 2023-11-14.
  13. ^ יהושוע, יוסי (2023-11-13). "התמונות שהעולם צריך לראות: התדרוך הכי חשוב של דובר צה"ל, מביה"ח בעזה". Ynet (in Hebrew). Retrieved 2023-11-14.
  14. ^ a b "Israel Gaza: Hospitals caught on front line of war". BBC News. 2023-11-13. Retrieved 2023-11-14.
  15. ^ a b Robertson, Nic; Wright, Rebecca; Torigoe, John; Shortell, David (2023-11-14). "Israel shows alleged Hamas 'armory' under children's hospital in Gaza. Local health officials dismiss the claims". CNN. Retrieved 2023-11-14.
  16. ^ דובר צה"ל: חטופים ישראלים שהו בבית החולים רנתיסי בעזה, retrieved 2023-11-14
  17. ^ "Hamas exploitation of civilians as human shields: Photographic evidence". web.archive.org. 2011-10-18. Retrieved 2023-11-14.
  18. ^ "Hamas and the Terrorist Threat from the Gaza Strip" (PDF).
  19. ^ "HUMAN RIGHTS IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES" (PDF).
  20. ^ "Israel/Gaza: Operation "Cast Lead": 22 days of death and destruction". Amnesty International. July 2, 2009. Retrieved 2021-12-30.
  21. ^ Deitch, Ian; Barzak, Ibrahim. "Israel vows to destroy Hamas tunnels, deaths spike". Yahoo News. Associated Press. Archived from the original on August 12, 2014. Retrieved August 8, 2014.
  22. ^ a b "EU strongly condemns indiscriminate Hamas rockets on Israel and use of Palestinian population as human shields, 'terrorist groups in Gaza must disarm', calls for 'immediate ceasefire'". Archived December 31, 2014, at the Wayback Machine, European Jewish Press, July 22, 2014.
  23. ^ a b "European Union: Hamas, other Gaza terror groups must disarm". Archived April 5, 2015, at the Wayback Machine, Haaretz, July 22, 2014.
  24. ^ a b "Hamas acknowledges its forces fired rockets from civilian areas". Haaretz. September 12, 2014. Archived from the original on September 12, 2014. Retrieved September 12, 2014.
  25. ^ Israel-Gaza conflict: The myth of Hamas's human shields. The Independent (Report). July 21, 2014. Archived from the original on July 25, 2014. Retrieved July 31, 2014.
  26. ^ Harriet Sherwood (July 24, 2014). In Gaza, Hamas fighters are among civilians. There is nowhere else for them to go. The Guardian (Report). Archived from the original on July 30, 2014. Retrieved July 31, 2014.
  27. ^ "Jeremy Bowen's Gaza notebook: I saw no evidence of Hamas using Palestinians as human shields". New Statesman. July 22, 2014. Archived from the original on July 27, 2014. Retrieved July 25, 2014.
  28. ^ a b c "Document – Israel and the Occupied Palestinian Territories: Israel/Gaza conflict". Amnesty International. July 2014.
  29. ^ Hamas Spokesman Sami Abu Zuhri: Human-Shield Policy Is Effective. YouTube. July 9, 2014. Archived from the original on March 9, 2015. Retrieved April 1, 2015.
  30. ^ Hamas spokesman calls on Palestinians to create human shields. YouTube. July 14, 2014. Archived from the original on July 19, 2014. Retrieved April 1, 2015.
  31. ^ Benari, Elad, Canada (August 2014). "Kerry Demands Hamas Release Kidnapped IDF Soldier". israelnationalnews.com/News/. AFP & Arutz Sheva. Archived from the original on August 10, 2014. Retrieved August 8, 2014.{{cite web}}: CS1 maint: multiple names: authors list (link)
  32. ^ Document – Israel and the occupied Palestinian Territories: Israel/Gaza conflict, July 2014 (Report). Amnesty International. July 17, 2014.
  33. ^ Cohen, Gili; Hass, Amira; Khoury, Jack. "Israel bombs empty Gaza hospital, calling it Hamas command center". Haaretz. Retrieved August 12, 2014.
  34. ^ "Gaza's hospitals in the middle between Israel and Hamas". The Washington Post. Retrieved July 23, 2014.
  35. ^ "Reporter for Helsingin Sanomat confirms longstanding Israeli statements that Hamas missiles launched from the Shifa compound". Times of Israel.
  36. ^ "VIDEO: Finnish reporter sees rockets fired from Gaza hospital", ynet, August 2, 2014.
  37. ^ "Israel has stolen Gaza's future, and its hope". Haaretz. August 2, 2014.
  38. ^ "While Israel held its fire, the militant group Hamas did not". The Washington Post. Retrieved June 8, 2021.
  39. ^ "Gaza reporters' tweets: Hamas using human shields". The Jerusalem Post. Retrieved June 8, 2021.
  40. ^ "Top Secret Hamas Command Bunker in Gaza Revealed—And Why Reporters Won't Talk About It". Tablet Magazine. July 29, 2014. Retrieved June 8, 2021.
  41. ^ "Les menaces du Hamas sur un journaliste : "Tu dois quitter Gaza au plus vite et arrêter de travailler" !". Actualité Israel (in French). Retrieved June 8, 2021.
  42. ^ "Journalist Describes Interrogation at Hamas Headquarters Next to Emergency Room at Gaza's Al Shifa Hospital". The Algemeiner. Retrieved June 8, 2021.
  43. ^ Israel/Gaza – Operation 'Cast Lead': 22 days of death and destruction (PDF), Amnesty International, July 2, 2009, archived (PDF) from the original on March 11, 2017, retrieved May 24, 2018
  44. ^ Norman Finkelstein, Gaza: An Inquest into Its Martyrdom, Archived July 31, 2018, at the Wayback Machine University of California Press, 2018 pp.68–81 pp.70–71, p.70.
  45. ^ "Amnesty International says Hamas committed war crimes, too". The Washington Post. ISSN 0190-8286. Retrieved 2021-12-30.
  46. ^ a b "Palestinian armed groups killed civilians on both sides in attacks amounting to war crimes in Gaza conflict". Amnesty International. 2015-03-26. Retrieved 2021-12-30.
  47. ^ References Amnesty International. (2015, March). UNLAWFUL AND DEADLY ROCKET AND MORTAR ATTACKS BY PALESTINIAN ARMED GROUPS DURING THE 2014 GAZA/ISRAEL CONFLICT. Amnesty International -. https://www.amnesty.org/en/wp-content/uploads/2021/05/MDE2111782015ENGLISH.pdf
  48. ^ Harriet Sherwood, "Israeli Soldiers Convicted of Using Palestinian Boy as Human Shield," The Guardian 3 October 2010.
  49. ^ Zitun, Yoav (2023-11-09). "Hamas places rockets next door to classroom, explosives under girls' bedroom". Ynetnews. Retrieved 2023-11-14.
  50. ^ "Israel says these photos show how Hamas places weapons in and near U.N. facilities in Gaza, including schools – CBS News". www.cbsnews.com. 2023-11-08. Retrieved 2023-11-14.
  51. ^ רויטרס (2023-11-14). "הבית הלבן: יש מידע שחמאס משתמש בבתי החולים בעזה, גם להחזקת חטופים". Ynet (in Hebrew). Retrieved 2023-11-14.
  52. ^ "US confirms Israeli claim that Hamas using Gaza hospitals, including Shifa, for military operations".
  53. ^ "Gaza: Unlawful Israeli Hospital Strikes Worsen Health Crisis". Human Rights Watch. Retrieved 14 November 2023.
  54. ^ "What limits do the laws of war impose on combatants?". The Economist. ISSN 0013-0613. Retrieved 2023-11-14.
  55. ^ "Physicians for Human Rights Condemns Attacks against Civilians in Eastern Ghouta". Human Rights Documents Online. Retrieved 2023-11-14.
  56. ^ "EU condemns Hamas for using human shields, but urges Israeli restraint". euronews. 2023-11-13. Retrieved 2023-11-14.
  57. ^ "Hamas official Marzouk: 'Gaza tunnels built to protect only Hamas'". The Jerusalem Post | JPost.com. 2023-10-31. Retrieved 2023-11-14.
  58. ^ Beres, Louis René. "Hamas Terror Attacks and International Law." Jurist, October 9, 2023, edited by Ingrid Burke Friedman.
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