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Hamas and Islamic Jihad Are Criminally Liable for War Crimes

(Jerusalem Center for Public Affairs) Amb. Alan Baker - The indiscriminate firing of more than 3,300 rockets into Israel's towns and villages violates the rule of distinction in international humanitarian law, which requires combatants to limit attacks to legitimate military targets. This is a clear violation of accepted humanitarian norms and principles prohibiting targeting civilians. The willful, deliberate, and hysteric massacre of civilians, including young people attending an open-air music event, as well as the indiscriminate entry into, destruction, and pillaging of private civilian homes in Israel's towns and villages, and indiscriminate murder of civilians living in those homes, is a clear violation of all accepted humanitarian norms, for which Hamas and Islamic Jihad must be held criminally responsible. The taking of multiple civilian hostages, including entire families, elderly, women, and infants, and their cruel and violent kidnapping and transfer to Gaza, as well as the loathsome exhibition of dead and mutilated bodies in the streets of Gaza, is an inexcusable and flagrant violation of humanitarian norms and an odious insult to humanity. For these crimes, Hamas and PIJ leaders and commanders are accountable and prosecutable under international law, which considers non-state actors bound by customary norms of international humanitarian law when they become a party to an armed conflict. Thus, they are punishable for crimes against humanity and war crimes. The writer served as legal adviser and deputy director-general of Israel's Ministry of Foreign Affairs. He participated in the negotiation and drafting of the International Criminal Court (ICC) Statute.
2023-10-10 00:00:00
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