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Is Hamas Bound by International Law?

(New York Times) Amanda Taub - Since the attacks of Oct. 7, every legal expert I have asked has concluded: Hamas's attacks on civilians that day, including killing, torture, and hostage-taking, were war crimes. And because many hostages are still being held, that crime remains ongoing. Tom Dannenbaum, a Tufts University professor, told me there was "no question" Hamas's attack had involved multiple war crimes. "Those are not close calls," he said. Even though Hamas is not a state government, it is still bound by the laws of war. "The applicability of the law is triggered by the existence of an armed conflict," said Janina Dill, co-director of the Oxford Institute for Ethics, Law, and Armed Conflict. Once conflict begins, every organized armed group participating is bound by international humanitarian law. Those laws are universal. No military cause is so just that it allows its proponents to violate international humanitarian law in order to achieve it. "All parties have the same obligations regardless of how just their overall cause is, and regardless of whatever legitimacy or alleged illegitimacy of that entity," said Marko Milanovic, a professor of public international law at the University of Reading in England. In addition, all individuals are subject to international criminal law regardless of whether they are affiliated with a government or nonstate armed group. Given the broad consensus that Hamas committed war crimes, the inability of the international legal system to address those acts immediately can make it seem like an ineffective or even futile institution. If states do not voluntarily carry out arrest warrants or abide by the judgments of international courts, there is no central authority to force them to comply. Nor does Hamas appear to believe that support from ordinary Palestinians depends on demonstrating compliance with international law. Its fighters filmed themselves carrying out the Oct. 7 attacks and Hamas posted some of the material publicly, which suggests it may have anticipated gaining legitimacy as a result of the violence.
2024-06-20 00:00:00
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