In a recent revelation from the Israel Defence Forces (IDF), a recorded conversation involving a member of the military intelligence directorate has come to light, shedding light on the challenges faced by Palestinian civilians in Gaza. The recording captures a plea to a Palestinian resident to relocate his family towards Khan Younis in response to an Israeli warning.
However, the recipient of the call lamented the difficulty in complying with the Israeli directive, attributing it to Hamas’s obstructive actions. The man highlighted that Hamas was blocking routes to the south and effectively compelling people to return home. Shockingly, he further noted that Hamas was resorting to violence, even targeting Palestinians attempting to leave the area.
The release of this audio clip is just one among a series of pieces of evidence presented by the IDF, aiming to substantiate claims that Hamas is employing a reprehensible tactic – using the civilian population as human shields or, more significantly, operating in a manner that flagrantly disregards civilian safety.
Defining the Concept: Human Shields
In accordance with the international criminal court, the war crime of using human shields is described as “utilizing the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations.” This entails a situation where firing weapons or establishing bases near densely populated civilian areas, particularly in proximity to facilities that should be safeguarded under the Geneva Conventions, such as schools, hospitals, or mosques, is considered a war crime.
Accusations Against Hamas:
Israel has consistently accused Hamas of employing human shields as a strategic tactic in both the ongoing conflict and the previous war in 2014. The IDF asserts that Hamas has concealed parts of its military tunnel system and command structure under civilian sites, including the Dar al-Shifa hospital in Gaza City. Recently, the IDF released an infographic illustrating what it claims to be Hamas’s command headquarters beneath the hospital.
Moreover, footage from the interrogation of two Hamas armed wing members who infiltrated Israel during a significant event further bolsters these allegations. One of them, identified as Amer Abu Awash, a member of Hamas’s elite Nukhba force, affirmed the utilization of hospitals to shield themselves from IDF strikes, noting the underground levels within Shifa hospital. It is important to acknowledge that Hamas officials have categorically denied these accusations, emphasizing that they have no basis in truth.
Independent Verification:
There exists some anecdotal and other evidence supporting these allegations. During the 2014 conflict, armed men were encountered within a hospita. Instances of senior Hamas leaders being spotted inside Shifa hospital have been documented as well. Additionally, the UN reported the discovery of weapons inside two of its schools during the same conflict.
Despite the evidence, the complex nature of Gaza and the conflict adds a layer of complexity. The densely populated urban environment of Gaza makes it unsurprising that Hamas operates within civilian areas. International law underlines the obligation of an opposing force to protect civilians from disproportionate harm, even if an armed force is improperly using civilian sites as shields.
Hamas’s Stance on Palestinian Civilians:
Although Hamas garners significant support, Amnesty International’s characterization of its rule as authoritarian highlights a climate of repression. This climate has deterred dissent and led to self-censorship, especially following a brutal crackdown on peaceful protests against rising living costs in 2019.
Hamas’s attitude towards Palestinian civilians during times of conflict appears to be, at best, cynical. After enduring five conflicts with Israel since 2008, Hamas is well aware of the high potential for civilian casualties in clashes with Israeli forces. Regrettably, it has instrumentalized these fatalities in its messaging to the world.
However, this does not absolve Israel from its responsibility to exercise restraint and minimize harm to civilians in areas where conflicts are anticipated.
In statements over the years, Hamas has, in fact, openly acknowledged the inevitability and utility of civilian casualties, further deepening the complexity of this protracted conflict.
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