Israel has accused Hamas of using human shields in the Gaza Strip, saying that Hamas has purposely attempted 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 also accused Hamas of maintaining command and control bunkers and tunnel infrastructure below hospitals. Hamas has denied using hospitals to shield any command center,[1] while it has previously made remarks expressing support for Palestinians refusing to flee areas Israel has targeted.[2]
The Israeli accusations have been supported by NATO,[3] and during the 2023 Israel–Hamas war EU nations condemned Hamas for using hospitals as human shields, while the UN Secretary General said "Hamas and other militants use civilians as human shields".[4][5]
Amnesty International investigated claims made by Israel in the 2008–2009 Gaza War and the 2014 Gaza War that Hamas employed human shields, but found no evidence of such usage. In their report on the 2008-2009 war, Amnesty said that "contrary to repeated allegations by Israeli officials" that it had found no evidence of Hamas directing civilians to shield military assets or that it had forced civilians to remain in or near buildings used by fighters. Amnesty found that Hamas has launched rockets from near civilian locations, which it said endangered civilians and amounted to a violation of the requirement that Hamas take all necessary precautions to protect civilians from military action, but that this does not constitute shielding under international law.[6] In 2014, Amnesty said, regarding repeated allegations by Israel of Hamas using civilians as human shields, that it "does 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." They also said that reports had emerged of Hamas urging residents to ignore Israeli warnings to evacuate, stating those statements “are not the same as directing specific civilians to remain in their homes as ‘human shields’ for fighters, munitions, or military equipment.”[7] Human Rights Watch also said they found no evidence that Hamas had used human shields in the 2009 conflict.[8] In 2023, HRW stated “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.’”[9]
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.[10][11] Israel has said that Hamas's actions have been responsible for civilian casualties in Gaza,[12][13] Human rights groups have said that even if Hamas were using human shields, Israel must still abide by international law to protect civilians.[7][14]
History
2008–2009 Gaza War
In a 2008 press conference, Hamas political leader Khaled Mashal warned that "If you [Israel] will foolishly decide to enter Gaza... You will face not only thousands of our combatants, but also a million and a half of our population, driven by the desire to become martyrs."[3]
In a post-war analysis of the conflict, Amnesty International stated that: "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... [nor] 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."[6] Amnesty also found that Hamas "launched rockets and located military equipment and positions near civilian homes" - though not necessarily when civilians were present - "endangering the lives of the inhabitants by exposing them to the risk of Israeli attacks".[15]
2014 Gaza War
Numerous reports during the 2014 Gaza 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".[16] A UN inquiry found “weapons had been placed inside an UNRWA school in the Hamas-run Gaza Strip and that it was highly likely that an unidentified Palestinian armed group could have used the school premises to launch attacks.”[17][18] The European Union condemned Hamas, and in particular condemned "calls on the civilian population of Gaza to provide themselves as human shields".[19][20] In an August 2014 interview, Hamas political leader Khaled Mashal said to a CNN interviewer that the group did not use its people as human shields.[21] In a September 2014 interview, a Hamas official acknowledged to Associated Press that the group fired at Israel from civilian areas.[22] 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".[22]
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.[23][24] The BBC Middle East editor Jeremy Bowen also said he "saw no evidence of Hamas using Palestinians as human shields".[25] 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".[26] 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".[26] The human rights group, however, still found that Palestinian factions, as in previous conflicts, launched attacks from civilian areas.[26]
Hamas Arabic-speaking spokesman Sami Abu Zuhri called up Gaza civilians on Hamas's Al-Aqsa TV 8 July 2014 to stay put in areas under fire by Israel, prompting accusations from Israel and others – the European Union, for example[19][20] – that Hamas was calling on people to volunteer as "in effect human shields". 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.[27] Abu Zuhri was also quoted as saying, in a 13 July interview, that "Hamas despise those defeatist Palestinians that criticize the high number of civilian casualties. The resistance praises our people... we lead our people to death…I mean, to war."[3]
During the war, Israel also damaged hospitals,[28] alleging they were concealing "hidden missiles".[29] 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.[30][31] 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.[32] In 2014, The Guardian journalists came across "armed men" inside one hospital, and sightings of "senior Hamas leaders" have been reported inside another.[33] The Washington Post described Al-Shifa hospital as a "de facto headquarters for Hamas leaders, who can be seen in the hallways and offices".[34] French-Palestinian journalist Radjaa Abu Dagg reported being interrogated by an armed Hamas member inside Al-Shifa Hospital and ordered to leave Gaza.[35][36][37]
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."[38][39] 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."[40] 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."[39]
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".[41][42]
2023 Israel–Hamas war
Israeli accusations
External videos | |
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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. Israel released what it said were videos of interrogations of two members of Hamas' armed wing in which the people on camera supported the assertion that Hamas militants are using hospitals as a means of protection from IDF strikes.[33]
The Israeli army accused Hamas of sending over one hundred women and children to a compound it was targeting to act as human shields. It said two of its soldiers were killed while withdrawing from the compound.[43]
On 8 November, the IDF and Shin Bet footage from what it said was an intercepted phone call and the interrogations of terrorists who participated in the October 7 massacre. The Times of Israel reported that "an apparent Hamas operative" said to another man in Gaza that he "can leave with any ambulance" he wants.[44]
Israel accused Hamas of "double war crimes" in using civilian locations to launch attacks. An IDF spokesman told CBS News that "a systemic abuse by Hamas of sites and locations that are supposed to enjoy special protection under the Geneva Convention and humanitarian law". The IDF shared with CBS photos it said showed Hamas members launching rockets from near UN facilities.[45][46]
On 18 November CNN aired footage taken by the IDF showing what appears to be a person armed with an RPG launcher entering the premises of Al-Quds Hospital.[47]
On 19 November the IDF released footage of an underground tunnel under al-Shifa.[48] The tunnel, which is 160 meter long and 10 meter deep, passes directly under the Qatari building of the hospital; it has air-conditioned rooms, bathrooms, a kitchenette, electricity connections and communication infrastructure, and is protected by a blast door.[49] The IDF also released CCTV footage that appears to show two of the hostages being led in the hospital's corridors, as well as Hamas and stolen IDF vehicles in its courtyard.[50][51]
According to Israel, Ahmad Kahlot, who they reported to be the director of Kamal Adwan Hospital in northern Gaza, while being interrogated by the Shin Bet said that Hamas had taken control of the hospital as a military operations center and that he himself was Hamas member. Israel said that during the interrogation he said that many hospital staff members served in the al-Qassam brigades.[52][53] According to the Israeli military, he said that Hamas used the hospital for holding an IDF soldier hostage and employed ambulances to transport the bodies of Israeli hostage and that Hamas had separate offices, ambulances, and equipment with distinct colors and signs.[52][53]
On 1 January 2024, the Jerusalem Post released selected footage of the IDF's Unit 504 interrogations of Hamas and Palestinian Islamic Jihad militants. The investigation revealed various tactics Hamas employed to exploit Gazan civilians.[54] Zohadi Ali Zahadi Shahin, a Hamas member, admitted that Hamas prevented civilians from fleeing towards Rafah crossing and instead relocated them to Al-Shifa Hospital where they were kept while Hamas terrorists hid in tunnels underneath. Shahin also disclosed that Hamas terrorists would forcibly take over civilian homes, plant explosives, and intimidate residents, with one terrorist threatening Shahin directly. Another operative, Muhammad Darwish Amara from Palestinian Islamic Jihad, described how Hamas planted a bomb in his home where his children were staying, to coerce him into participating in terrorist activities.[54]
Input from other parties
White House National Security Council spokesperson John Kirby said that the United States 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.[55][56] National Security Adviser Jake Sullivan stated that "you can see even from open-source reporting that Hamas does use hospitals, along with a lot of other civilian facilities, for command-and-control, for storing weapons, for housing its fighters... this is Hamas' track record, both historically and in this conflict". According to another US official, "Hamas has a command node under the Al-Shifa hospital, uses fuel intended for it and its fighters regularly cluster in and around [it]."[57] The US assessment that Hamas and other Palestinian militants were operating within the Al-Shifa hospital included communication intercepts of fighters inside the complex.[58]
A top Hamas official has stated that it is not their responsibility to protect civilians.[59] Human Rights Watch called Hamas to protect civilians under their control and not use them as "human shields."[9]
Human rights organizations demanded the release of hostages held by Hamas and cautioned that using them to shield military assets is prohibited under international law.[60][61]
Media coverage
According to a New York Times report, "Hamas has long been accused of using civilians as human shields and positioning underground bunkers, weapon depots and rocket launchers under or near schools, mosques and hospitals."[62]
DW military analyst Frank Ledwidge has said that "it's been described... as 'common knowledge' that many of the headquarters [of Hamas] are located under hospitals... [with] entries and exits in places like mosques or schools... [or even] UN facilities... that's why we've seen... so many non-combatant casualties so far".[63]
John Spencer has said that "[Hamas has] built many of their tunnel entrances and exits and passageway underneath protected sites like hospitals, schools, mosques, because it restricts the use of force that the IDF can take without going through the... laws of war calculation.[64]
According to Daphne Richemond-Barak, associate professor of counter-terrorism at Reichman University and author of the 2017 book Underground Warfare, Hamas militants operate under Al-Shifa Hospital gain "the highest level of protection available under the laws of war", as well as a "unique opportunity to operate far from surveillance drones, GPS, and other intelligence-gathering technology". She added that "in Gaza, tunnels are dug in civilian homes, pass under entire neighbourhoods, and lead into populated areas inside Israel... [which] enables Hamas to conceal entry and exit points, and facilitates undetected movement and activity."[65]
Avi Issacharoff has said that Hamas militants are "under the houses and neighborhoods of Gaza City, hoping that Israel won't attack them because they're hiding underneath human shields, and that if Israel will attack those neighborhoods, it'll kill many civilians, and the whole world is going to accuse Israel for war crimes". "The sad thing about all this", Issacharoff said, "is [that] Hamas doesn't care about their own people" and aims "not only to kill Israelis but for as many Palestinian civilians [casualties as well]".[66]
Following Israel's release of video evidence on 22 November, multiple news agencies concluded that the evidence did not demonstrate the use by Hamas of a command center. The New York Times also said the evidence does not show conclusive evidence of a vast network of tunnels,[67][68][69][70][71][72] while Haaretz concluded that Hamas did use the hospital for military purposes.[73] Amnesty International said on 23 November 2023 that "Amnesty International has so far not seen any credible evidence to support Israel’s claim that al-Shifa is housing a military command centre" and that "the Israeli military has so far failed to provide credible evidence" for the allegation.[74]
International reactions
US President Joe Biden stated that Hamas was using innocent Palestinians as human shields and emphasized the need to protect them."[75] US Secretary of State, Antony Blinken, called on Hamas to stop using civilians as human shields.[76] Secretary-General of the UN Antonio Guterres has also stated that Hamas and other Palestinian factions have been using civilians as human shields.[77][78]
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.[79]
On 13 November 2023, 27 European Union nations jointly condemned Hamas for the use of hospitals and civilians as human shields.[80][81]
Response by Hamas
According to a NATO analysis, Hamas presents several narratives against the accusations of using human shields:[3]
- Israel is indiscriminately killing civilians
- Civilians support Hamas even at risk for their own lives
- It is people's duty to "serve" as human shields
- Israel warning civilians prior to airstrikes is just a form of psychological warfare.
In 2006, Hamas spokesperson Mushir Al-Masri stated that "the citizens will continue defending their pride and houses and will continue to serve as human shields until the enemy will withdraw".[3]
In 2014, Hamas denied that it had used human shields, and they pointed to prior United Nations investigations of claims that it had fired rockets from schools finding the allegations to be untrue. Hamas leaders said that the extremely high population density in Gaza resulted in Hamas operating near civilian areas.[82] In a 2014 televised interview, senior Hamas spokesman Sami Abu Zuhri stated: "The policy of people confronting the Israeli warplanes with their bare chests in order to protect their homes has proven effective against the occupation… we in Hamas call upon our people to adopt this policy in order to protect the Palestinian homes."[2]
In 2023, Hamas denied that it used Al-Shifa Hospital as a human shield, saying the allegations have "no basis in truth".[83]
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.[41]
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.[41]
According to Charles Freilich, a former Israeli deputy national security advisor, Hamas have strategically embedded their forces among civilian populations, utilizing them as human shields and intentionally provoking Israel to cause civilian casualties in its responses. Simultaneously, Israel has consistently taken extensive measures to minimize innocent enemy casualties, employing special tactics and risking personnel - a record favorable in comparison to other countries dealing with terrorist threats.[84]
Legal status
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 12 August 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.[85]
Analysis of Israeli accusations
Neve Gordon and Nicola Perugini argue that whether civilians are framed as "human shields" by virtue of their physical proximity to belligerents ("proximate shields"), depends largely on whether the belligerents in question are military or irregulars: "Israeli citizens in Tel Aviv are not classified as shields when Hamas launches rockets towards the Israel Defense Forces military command headquarters located in the city center. By sharp contrast, Palestinian civilians are cast as human shields when Israel bombs Hamas command centers and military infrastructures in Gaza. In other words, if Hamas kills Israeli civilians, it is to blame, and if Israel kills Palestinian civilians, then Hamas is also to blame, since, at least ostensibly, it is Hamas that has deployed these civilians as shields."[86]
Danny Danon, then the Israeli ambassador to the UN, said of the 2018–2019 Gaza border protests that "terrorists continue to hide behind innocent children to ensure their own survival", with Gordon and Perugini remarking that the framing of protestors as terrorists or human shields effectively "categorizes any Palestinian from Gaza who participates in civil protests as a terrorist who is consequently killable"; they find that the usage of the human shield accusation both during war and civil protest has caused the very idea of a Palestinian civilian to have "disappeared" in Israeli discourse.[87]
Amira Hass, writing that the Israeli media portrays the conflict in a biased manner, wrote of the human shield accusation "If I'm not mistaken, the Defense Ministry is in the heart of Tel Aviv, as is the army's main 'war room.' And what about the military training base at Glilot, near the big mall? And the Shin Bet headquarters in Jerusalem, on the edge of a residential neighborhood? ... Why is it all right for us and not for them? Just because they don't have the phallic ability to bomb these places?"[88]
Amnesty International, in its analysis of the 2008 Gaza War, wrote that while it is uncontested that Hamas weapons and fighters were located in civilian areas, that in itself does not itself constitute human shielding. Amnesty contrasts the Palestinian and Israeli positions, stating that "The close proximity of the military and weapons to civilian areas is also not unusual in Israel. The headquarters of the Israeli army is in a densely populated area of central Tel Aviv. In Ashkelon, Sderot, Bersheva and other towns in the south of Israel... [and] elsewhere in the country, military bases and other installations are located in or around residential areas, including kibbutzim and villages."[6]
See also
References
- ↑ 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.
- 1 2 Worrall, Patrick (24 July 2014). "Does Hamas use civilians as human shields?". Channel 4 News. Archived from the original on 2 November 2023.
- 1 2 3 4 5 "Hamas' use of human shields in Gaza" (PDF). NATO Strategic Communications Centre of Excellence.
- ↑ "Secretary-General's press conference on the Middle East | United Nations Secretary-General". www.un.org. Retrieved 14 November 2023.
- ↑ "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.
- 1 2 3 "Israel/Gaza: Operation "Cast Lead": 22 days of death and destruction". Amnesty International. 2 July 2009. Retrieved 30 December 2021.
- 1 2 "Israel/Gaza conflict: Questions and Answers". Amnesty International. 25 July 2014. Retrieved 6 December 2023.
- ↑ Abrahams, Fred (13 August 2009). "White Flag Deaths". Human Rights Watch. Retrieved 6 December 2023.
- 1 2 "Gaza: Unlawful Israeli Hospital Strikes Worsen Health Crisis". Human Rights Watch. 14 November 2023. Retrieved 14 November 2023.
- ↑ "Hamas' use of human shields in Gaza" (PDF). NATO Strategic Communications Centre of Excellence.
- ↑ 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
- ↑ Walsh, Declan (16 May 2021). "Israel and Hamas Fighting Raises Questions about War Crimes". The New York Times. Retrieved 6 December 2023.
- ↑ Lieblich, Eliav (18 May 2021). "Dispatch from Israel on Human Shields: What I Should've Said to a Dad on the Playground". Just Security. Retrieved 6 December 2023.
- ↑ "Protect civilians from the impact of hostilities", B'tselem, 27 October 2023
- ↑ Norman Finkelstein, Gaza: An Inquest into Its Martyrdom, Archived 31 July 2018 at the Wayback Machine University of California Press, 2018 pp.68–81 pp.70–71, p.70.
- ↑ Deitch, Ian; Barzak, Ibrahim. "Israel vows to destroy Hamas tunnels, deaths spike". Yahoo News. Associated Press. Archived from the original on 12 August 2014. Retrieved 8 August 2014.
- ↑ "Israel says these photos show how Hamas places weapons in and near U.N. facilities in Gaza, including schools - CBS News". www.cbsnews.com. 8 November 2023. Retrieved 14 December 2023.
- ↑ "Secretary-General submits to SecCo summary of UN Board of Inquiry report on Gaza (June - Aug. 2014) - Letter/report". Question of Palestine. Retrieved 14 December 2023.
- 1 2 "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 31 December 2014 at the Wayback Machine, European Jewish Press, 22 July 2014.
- 1 2 "European Union: Hamas, other Gaza terror groups must disarm". Archived 5 April 2015 at the Wayback Machine, Haaretz, 22 July 2014.
- ↑ "Hamas Leader Denies Militants Fire Rockets from Civilian Neighborhoods". 4 August 2014.
- 1 2 "Hamas acknowledges its forces fired rockets from civilian areas". Haaretz. 12 September 2014. Archived from the original on 12 September 2014. Retrieved 12 September 2014.
- ↑ Israel-Gaza conflict: The myth of Hamas's human shields. The Independent (Report). 21 July 2014. Archived from the original on 25 July 2014. Retrieved 31 July 2014.
- ↑ Harriet Sherwood (24 July 2014). In Gaza, Hamas fighters are among civilians. There is nowhere else for them to go. The Guardian (Report). Archived from the original on 30 July 2014. Retrieved 31 July 2014.
- ↑ "Jeremy Bowen's Gaza notebook: I saw no evidence of Hamas using Palestinians as human shields". New Statesman. 22 July 2014. Archived from the original on 27 July 2014. Retrieved 25 July 2014.
- 1 2 3 "Document – Israel and the Occupied Palestinian Territories: Israel/Gaza conflict". Amnesty International. July 2014.
- ↑ Document – Israel and the occupied Palestinian Territories: Israel/Gaza conflict, July 2014 (Report). Amnesty International. 17 July 2014.
- ↑ Cohen, Gili; Hass, Amira; Khoury, Jack. "Israel bombs empty Gaza hospital, calling it Hamas command center". Haaretz. Retrieved 12 August 2014.
- ↑ "Gaza's hospitals in the middle between Israel and Hamas". The Washington Post. Retrieved 23 July 2014.
- ↑ "Reporter for Helsingin Sanomat confirms longstanding Israeli statements that Hamas missiles launched from the Shifa compound". Times of Israel.
- ↑ "VIDEO: Finnish reporter sees rockets fired from Gaza hospital", ynet, 2 August 2014.
- ↑ "Israel has stolen Gaza's future, and its hope". Haaretz. 2 August 2014.
- 1 2 Beaumont, Peter (30 October 2023). "What is a human shield and how has Hamas been accused of using them?". The Guardian. ISSN 0261-3077. Retrieved 14 November 2023.
- ↑ "While Israel held its fire, the militant group Hamas did not". The Washington Post. Retrieved 8 June 2021.
- ↑ "Top Secret Hamas Command Bunker in Gaza Revealed—And Why Reporters Won't Talk About It". Tablet Magazine. 29 July 2014. Retrieved 8 June 2021.
- ↑ "Les menaces du Hamas sur un journaliste : "Tu dois quitter Gaza au plus vite et arrêter de travailler" !". Actualité Israel (in French). Retrieved 8 June 2021.
- ↑ "Journalist Describes Interrogation at Hamas Headquarters Next to Emergency Room at Gaza's Al Shifa Hospital". The Algemeiner. Retrieved 8 June 2021.
- ↑ "Amnesty International says Hamas committed war crimes, too". The Washington Post. ISSN 0190-8286. Retrieved 30 December 2021.
- 1 2 "Palestinian armed groups killed civilians on both sides in attacks amounting to war crimes in Gaza conflict". Amnesty International. 26 March 2015. Retrieved 30 December 2021.
- ↑ References Amnesty International. (March 2015). 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
- 1 2 3 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
- ↑ Harriet Sherwood, "Israeli Soldiers Convicted of Using Palestinian Boy as Human Shield," The Guardian 3 October 2010.
- ↑ Bachner, Michael; Horovitz, Michael; Fabian, Emanuel (2 November 2023). "Israel accuses Hamas of using over 100 women and children as human shields in Gaza". The Times of Israel. Retrieved 13 December 2023.
- ↑ Fabian, Emanuel (8 November 2023). "Hamas operative boasts he 'can leave with any ambulance,' in call overheard by IDF". Times of Israel. Retrieved 24 November 2023.
- ↑ Zitun, Yoav (9 November 2023). "Hamas places rockets next door to classroom, explosives under girls' bedroom". Ynetnews. Retrieved 14 November 2023.
- ↑ "Israel says these photos show how Hamas places weapons in and near U.N. facilities in Gaza, including schools – CBS News". www.cbsnews.com. 8 November 2023. Retrieved 14 November 2023.
- ↑ "IDF says video shows Hamas fighter outside hospital with RPG launcher". CNN. 13 November 2023. Retrieved 18 November 2023.
- ↑ McKernan, Bethan; Jerusalem, Bethan McKernanin (19 November 2023). "IDF publishes footage of what it says is Hamas tunnel at al-Shifa hospital". The Guardian. ISSN 0261-3077. Retrieved 19 November 2023.
- ↑ Scharf, Avi; Michaeli, Yarden (23 November 2023). "Videos Show Exact Path of Hamas Tunnels Under Gaza's Al-Shifa Hospital". Haaretz. Retrieved 24 November 2023.
- ↑ Fabian, Emanuel (19 November 2023). "IDF: Hostage was killed in Shifa; clip shows Hamas take 2 other hostages there on Oct 7". Times of Israel. Retrieved 22 November 2023.
- ↑ Fabian, Emanuel; Ghert-Zand, Renee (22 November 2023). "IDF breaches blast door in Hamas tunnel under Gaza's Shifa Hospital". Times of Israel. Retrieved 22 November 2023.
- 1 2 "Gaza hospital director admits Hamas uses hospitals for military purposes". The Jerusalem Post | JPost.com. 19 December 2023.
- 1 2 Zitun, Yoav (19 December 2023). "Gaza hospital chief confirms facility's use as Hamas military base staffed by terrorist operatives". Ynetnews. Retrieved 19 December 2023.
- 1 2 "Hamas terrorists admit to exploiting civilians in IDF investigation". The Jerusalem Post | JPost.com. 1 January 2024. Retrieved 2 January 2024.
- ↑ רויטרס (14 November 2023). "הבית הלבן: יש מידע שחמאס משתמש בבתי החולים בעזה, גם להחזקת חטופים". Ynet (in Hebrew). Retrieved 14 November 2023.
- ↑ "US confirms Israeli claim that Hamas using Gaza hospitals, including Shifa, for military operations". The Times of Israel.
- ↑ Tapper, Jake (13 November 2023). "Hamas has command center under Al-Shifa hospital, US official says". CNN. Retrieved 14 November 2023.
- ↑ "U.S. Relied on Intercepts in Assessing Hamas's Operations at Gaza Hospital". The Wall Street Journal. 15 November 2023. Retrieved 21 November 2023.
- ↑ Pacchiani, Gianluca (31 October 2023). "Top Hamas official declares group is not responsible for defending Gazan civilians". Times of Israel. Retrieved 20 November 2023.
- ↑ "Israel/OPT: Hamas and other armed groups must release civilian hostages and treat all captives humanely". Amnesty International. 7 November 2023. Retrieved 13 December 2023.
- ↑ "Hamas, Islamic Jihad: Holding Hostages is a War Crime". Human Rights Watch. 19 October 2023. Retrieved 13 December 2023.
- ↑ Cooper, Helene; Schmitt, Eric; Goldman, Adam (9 November 2023). "Israeli Forces Have Limited Time in Gaza, U.S. Officials Say". The New York Times. ISSN 0362-4331. Archived from the original on 12 December 2023. Retrieved 12 December 2023.
- ↑ Ledwidge, Frank (8 November 2023). "Decoding the underground: Israel's tactical war on Hamas tunnels" (Interview). Interviewed by Terry Martin. DW News.
- ↑ "Fighting Hamas inside Gaza's tunnels is like 'war in a phone booth'". PBS News Hour. 2 November 2023. Retrieved 8 November 2023.
- ↑ Cormack, Lucy (14 October 2023). "Booby traps, mines: Hamas' tunnel network under Gaza helps in a war". The Sydney Morning Herald. Retrieved 8 November 2023.
- ↑ Weiss, Debbie (7 November 2023). "'Fauda' Creator: 'We Cannot Even Imagine' Extent of Gaza Terror Tunnels, Hamas Wanted IDF to Enter Enclave". The Algemeiner. Retrieved 9 November 2023.
- ↑ "Israel unveils what it claims is a major Hamas militant hideout beneath Gaza City's Shifa Hospital". AP News. 23 November 2023.
Israel has not yet unveiled this purported center, but the military portrayed the underground hideout as its most significant discovery yet. Hamas and the hospital administration have denied Israel's accusations.
- ↑ Gavrielov, Nadav (23 November 2023). "Israel Releases Videos It Says Show Hamas Tunnels Under Al-Shifa Hospital". The New York Times – via NYTimes.com.
The videos so far — including those released on Wednesday [22 November] — have not shown conclusive evidence of a vast network of tunnels.
- ↑ Dubai, Dov Lieber in Tel Aviv and Omar Abdel-Baqui in (22 November 2023). "Inside Israel's Campaign to Prove a Gaza Hospital Was a Hamas Command Center". WSJ.
While many security analysts agree the latest evidence Israel has released increasingly suggests a Hamas presence at the hospital, most say they have yet to see something that constitutes a smoking gun showing it was a command center for Hamas, as Israel has alleged.
- ↑ Sabbagh, Dan (23 November 2023). "Israel arrests Gaza hospital director and bombs 300 targets amid truce delay". The Guardian.
Israel has repeatedly claimed that Hamas ran a command and control centre from tunnels running near and under the hospital, although so far the evidence presented has fallen short of that.
- ↑ "Secrets of the tunnels: What lies beneath al Shifa hospital?". Sky News.
The Israeli army is continuing to search the site for evidence of Hamas's presence, including the alleged command and control centre.
- ↑ Vasilyeva, Nataliya; Barnes, Joe (23 November 2023). "Inside the tunnels beneath Gaza's Al-Shifa hospital". The Telegraph. ISSN 0307-1235. Retrieved 25 November 2023.
While the footage does prove the existence of tunnels underneath the complex, it remains unclear whether they formed part of a Hamas command centre, as Israel claims.
- ↑ "Videos Show Exact Path of Hamas Tunnels Under Gaza's Al-Shifa Hospital". Haaretz. Retrieved 27 November 2023.
- ↑ "Amnesty International UK Briefing: CRISIS IN ISRAEL AND THE OCCUPIED PALESTINIAN TERRITORIES 23 November 2023" (PDF). Amnesty International UK. 23 November 2023. Retrieved 7 December 2023.
- ↑ "Biden says Hamas using innocent Gazans as human shields; phones Netanyahu, PA's Abbas". Times of Israel. 15 October 2023.
- ↑ Wintour, Patrick (13 October 2023). "Blinken urges Israel to avoid civilian deaths and wants safe zones in Gaza". The Guardian. ISSN 0261-3077. Retrieved 14 November 2023.
- ↑ "Secretary-General's press conference on the Middle East | United Nations Secretary-General". www.un.org. Retrieved 14 November 2023.
- ↑ "What limits do the laws of war impose on combatants?". The Economist. ISSN 0013-0613. Retrieved 14 November 2023.
- ↑ "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
- ↑ "Physicians for Human Rights Condemns Attacks against Civilians in Eastern Ghouta". Human Rights Documents Online. doi:10.1163/2210-7975_hrd-2259-20180038. Retrieved 14 November 2023.
- ↑ "EU condemns Hamas for using human shields, but urges Israeli restraint". euronews. 13 November 2023. Retrieved 14 November 2023.
- ↑ Baconi 2018, p. 392.
- ↑ Beaumont, Peter (30 October 2023). "What is a human shield and how has Hamas been accused of using them?". the Guardian. Retrieved 25 November 2023.
- ↑ Freilich, Charles D. (2018). Israeli National Security. New York, NY: Oxford University Press. p. 214. ISBN 9780190602932.
- ↑ Beres, Louis René. "Hamas Terror Attacks and International Law." Jurist, 9 October 2023, edited by Ingrid Burke Friedman.
- ↑ Gordon & Perugini 2020, pp. 165–166.
- ↑ Gordon & Perugini 2020, pp. 216–217.
- ↑ Hass, Amira (14 July 2014). "Israel Showed Restraint in Gaza Before Attacking? You Must Be Kidding". Haaretz.com. Retrieved 25 November 2023.
Sources
Books
- Baconi, Tareq (2018). Hamas Contained: The Rise and Pacification of Palestinian Resistance. Stanford, California: Stanford University Press. ISBN 9781503605817.
- Gordon, Neve; Perugini, Nicola (25 August 2020). Human Shields. Berkley, California: University of California Press. ISBN 978-0-520-30184-9.
- Rosen, Richard D. (2012). "Chapter 15, The Protection of Civilians During the Israeli-Hamas Conflict: The Goldstone Report". In Lovell, David W.; Primoratz, Igor (eds.). Protecting Civilians During Violent Conflict: Theoretical and Practical Issues for the 21st Century (ebk-ePUB). Routledge. ISBN 9781317074342.
Journal articles
- Rosen, Richard D. (2009). "Targeting Enemy Forces in the War on Terror: Preserving Civilian Immunity". Vanderbilt Journal of Transnational Law. 42 (3): 683–777.
- Rubinstein, Amnon; Roznai, Yaniv (2011). "Human Shields in Modern Armed Conflicts: The Need for a Proportionate Proportionality" (PDF). Stanford Law & Policy Review. 22 (1): 93–128. SSRN 1861161. Archived from the original (PDF) on 23 November 2023.