Eloy, P F Tinmore, Shusha, et al,
This is one of those topics that is emotionally charged; and where a deeper understanding of the Customary and International Humanitarian Laws (IHL) is essential and required.
This is a topic that is often fueled when the discussion only addresses a single characteristic, and not the events as a whole, or a sequence of events leading to a conclusion.
So Israel kills a couple thousand people who had nothing to do with it.
That is a war crime.
The fact that people die in war is not, of itself, evidence of war crimes.
Directly targeting schools, hospitals, and civilian neighborhoods, as the Israelis routinely do, is forbidden in international law. Such collective punishment of vulnerable children, medical patients, and civilians is obscene and will remain as a stain on the Israelis forever.
(COMMENT)
There are a couple of thing that must be considered when discussion this topic:
• Loss of protection of civilian objects (schools, hospitals, civilian neighborhoods, etc) must be read together with the basic rule that only military objectives may be attacked. It follows that when a civilian object is used in such a way that it loses its civilian character and qualifies as a military objective, it is liable to attack.
• In this context, loss of protection of civilian objects is often referred to in terms of objects being “used for military purposes” or of objects being “used for military action."
In the case when special locations --- such as a place of worship, hospitals, residences/housing, or other dwellings, schools, and ICRC designated locals, are being used to make an effective contribution to military action, it loses it protective status as an civilian. In such cases --- the effective contribution to military action must be considered. The assessment of the total or partial destruction, capture or neutralization, must be viewed in terms of what it offers as a definite military advantage.
When the Hostile Arab Palestinian "uses" assets normally considered protected against attack, as a screen to either thwart a counter attack or to purposely induce a mass casualty event, --- such special assets and locations lose their protection and become a legitimate military target with a definite military advantage in the total or partial destruction, capture or neutralization.
(OBSERVATION)
The HoAP in the conflict must, to the extent feasible, avoid locating military objectives within or near densely populated areas. In the same context, the HoAP in the conflict must, to the extent feasible, remove civilian persons and objects under its control from the vicinity of locations that would be considered a military objective by the Israeli Defense Force (IDF).
The IDF will
(most probably), as any other armed force, consider breaching and tunneling ports and routes, supply routes, and weapons systems as legitimate targets and would place such protected civilian objects in proximity in grave jeopardy of damage or destruction. Just as, the IDF would likely consider Command , Control, Communications, Intelligence, Surveillance, and Reconnaissance (C3ISR).
The HoAP may not use any of these types of legitimate targets in close proximity to a civilian it has chosen not to move under the Customary IHL.
Just as the IDF targeting of the HoAP opposing force (OPFOR) in which the total or partial destruction, capture or neutralization would result in a definite military advantage to the IDF is NOT a violation of Customary or IHL
(not an violation of the Romes Statutes), so it is that the intentional use of these proximities by the HoAP OPFOR is a violation of Customary IHL and the Rome Statutes.
Most Respectfully,
R