Use of human shields by Hamas

Further information: Human shields in the Israeli–Palestinian conflict

Hamas has been accused of using human shields in the Gaza Strip, purposely attempting to shield itself from Israeli attacks by storing weapons in civilian infrastructure, launching rockets from residential areas, and telling residents to ignore Israeli warnings to flee. Israel has accused Hamas of maintaining command and control bunkers and tunnel infrastructure below hospitals, with some of the accusations being supported by the United States, the European Union, and the United Nations Secretary General. Hamas has denied using civilians and civilian infrastructure, including hospitals,[1] as human shields.[2]

Israel has said that Hamas's actions have caused Israel to kill civilians as collateral damage.[3] Human rights groups have said that “even if Hamas were using human shields”, Israel must still abide by international law, especially the principle of proportionality.[4][5]

Neve Gordon, professor of international law and human rights and co-author of the 2020 book Human Shields: A History of People in the Line of Fire,[6] has stated that Israeli military and government claims of Hamas using Palestinian civilians as human shields "should be understood as a pre-emptive legal defence against accusations that Israel is committing war crimes and crimes against humanity in Gaza."[7] He also accuses state actors such as Israel of using human shielding allegations to hypocritically justify their own war crimes against civilians, adding: "This justification, however, functions only in one direction. When state actors kill civilians, it’s become standard to describe them as human shields. But when non-state actors attack military targets in urban settings, the civilians they kill are still recognised as civilians."[7]

Janina Dill, a laws of war professor at University of Oxford, stated, "Even if Hamas uses civilians as human shields, those civilians are entitled to full protection under international law unless they directly participate in the fighting".[8] Scholars in international law have cautioned that accusing Hamas of using human shields requires proving intent to shield a military target with civilians.[9]

Amnesty International investigated Israeli claims that Hamas used human shields during the 2008–2009 Gaza War and the 2014 Gaza War but found no evidence to support these claims. In their report on the 2008–2009 war, Amnesty stated they found no evidence of Hamas directing civilians to shield military assets or forcing them to stay near buildings used by fighters. They did find that Hamas launched rockets from civilian areas, which endangered civilians and violated the requirement to protect civilians from military action, but this does not qualify as shielding under international law.[10] In 2014, Amnesty reported they had no evidence that Hamas or other Palestinian armed groups intentionally used civilians as shields to protect specific locations or military assets from Israeli attacks. They suggested that Hamas's urging of residents to ignore Israeli evacuation warnings might have been intended to minimize panic and displacement, rather than to use civilians as human shields.[4] Human Rights Watch (HRW) also stated they found no evidence that Hamas used human shields during the 2009 conflict.[11]

During the Israel–Hamas war of 2023–2024, EU nations accused Hamas of using hospitals as human shields, while the UN Secretary General said "Hamas and other militants use civilians as human shields".[12][13] In 2023, HRW said that "Hamas and other Palestinian armed groups need to take all feasible precautions to protect civilians under their control from the effects of attacks and not use civilians as 'human shields.'"[14] In 2024, HRW reported at least two incidents where Palestinian fighters appear to have used Israeli hostages as human shields during the 2023 Hamas-led attack on Israel.[15] According to the New York Times, some Gazans showed opposition to their usage as human shields by Hamas and some have refused the entry of militants to some shelters.[16]

  1. ^ Marsi, Federica (13 November 2023). "What is a 'human shield' and why is Israel using the term in Gaza?". Al Jazeera. Retrieved 6 December 2023.
  2. ^ "Hamas rocket attacks 'war crimes'". 6 August 2009. Hamas did not use human shields and did not fire rockets from residential areas," he said. "Hamas does not target civilians.
  3. ^ Walsh, Declan (16 May 2021). "Israel and Hamas Fighting Raises Questions about War Crimes". The New York Times. Retrieved 6 December 2023.
  4. ^ a b "Israel/Gaza conflict: Questions and Answers". Amnesty International. 25 July 2014. Retrieved 6 December 2023.
  5. ^ "Protect civilians from the impact of hostilities", B'tselem, 27 October 2023
  6. ^ Gordon & Perugini 2020, p. iv.
  7. ^ a b Gordon, Neve (1 December 2023). "Neve Gordon | On Human Shields". LRB Blog. Retrieved 11 August 2024.
  8. ^ Yee, Vivian (17 December 2023). "More Than 100 Members of This Gaza Clan Have Been Killed in War". The New York Times. Archived from the original on 19 December 2023. Retrieved 19 December 2023.
  9. ^ McQuade, Chris (20 December 2023). "On Forcing Civilians to Remain in Hostile Zones: The Prohibition of Shielding and the Corresponding Obligations of an Attacking Party Under International Humanitarian Law". Opinio Juris.
  10. ^ "Israel/Gaza: Operation "Cast Lead": 22 days of death and destruction". Amnesty International. 2 July 2009. Retrieved 30 December 2021.
  11. ^ Abrahams, Fred (13 August 2009). "White Flag Deaths". Human Rights Watch. Retrieved 6 December 2023.
  12. ^ "Secretary-General's press conference on the Middle East | United Nations Secretary-General". www.un.org. Retrieved 14 November 2023.
  13. ^ "EU nations condemn Hamas for what they describe as use of hospitals, civilians as 'human shields'". AP News. 13 November 2023. Retrieved 14 November 2023.
  14. ^ "Gaza: Unlawful Israeli Hospital Strikes Worsen Health Crisis". Human Rights Watch. 14 November 2023. Retrieved 14 November 2023.
  15. ^ Wille, Belkis (17 July 2024). ""I Can't Erase All the Blood from My Mind"". Human Rights Watch.
  16. ^ Shbair, Bilala (10 September 2024). "Unwilling to Be Human Shields, Some Gazans Turn Gunmen Away From Shelters".