News

https://stratcomcoe.org/cuploads/pfiles/hamas_human_shields.pdf

Hamas is an Islamist militant group based in the Gaza Strip, which has been designated by the US, the EU and other countries as a terrorist group. Hamas has been using human shields in conflicts with Israel since 2007. Although the definition of human shields is not consistent among states and inter-governmental organisations, the Statute of the International Criminal Court (ICC) states the war crime of using human shields encompasses “utilizing the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations.”1

Hamas relies on the Israeli government’s aim to minimise collateral damage, and is also aware of the West‘s sensitivity towards civilian casualties. Hamas’ use of human shields is therefore likely aimed at minimising their own vulnerabilities by limiting the Israeli Defense Forces’ (IDF) freedom of action. It is also aimed at gaining diplomatic and public opinion-related leverage, by presenting Israel and the IDF as an aggressor that indiscriminately strikes civilians.2

Hamas’ most common uses of human shields include:

Firing rockets, artillery, and mortars from or in proximity to heavily populated civilian areas, often from or near facilities which should be protected according to the Geneva Convention (e.g. schools, hospitals, or mosques).

Locating military or security-related infrastructures such as HQs, bases, armouries, access routes, lathes,3 or defensive positions within or in proximity to civilian areas.

Protecting terrorists’ houses and military facilities, or rescuing terrorists who were besieged or warned by the IDF.4

Combating the IDF from or in proximity to residential and commercial areas, including using civilians for intelligence gathering missions.

By engaging in these acts, Hamas employs a win-win scenario: if indeed the IDF uses kinetic power, and the number of civilian causalities surges, Hamas can use that as a weapon in the lawfare5 it conducts. It would be able to accuse the IDF (and Israel) of committing war crimes, which in turn could result in the imposition of a wide array of sanctions. On the other hand, if the IDF limits its use of military power in Gaza to avoid collateral damage, Hamas will be less vulnerable to Israeli attacks, and thereby able to protect its assets while continuing to fight.

Hamas’ growing strategic distress in the face of recent geopolitical developments will probably push the organisation towards a more pragmatic strategy in the near future. However, the movement is simultaneously preparing itself for yet another round of armed conflict with Israel. If this indeed happens, and in light of the success of the human shield practice, there is every reason to believe Hamas will continue resorting to the use of civilians as human shields.

Edit: FTA, since people think this is whataboutism :)

The Israeli army said it attacked a Hamas command centre "disguised in the humanitarian area in Khan Younis" and that "many steps were taken to reduce the chance of harming civilians, including the use of precision weaponry, aerial surveillance and additional intelligence information".

Edit 2: ITT Hamas? You mean Israel? If not obvious by this point, the effort is to discredit/downplay anything critical of Hamas, turn discussion about Hamas activities into whataboutisms towards Israel, and reframe arguments against Hamas activities as a defense of genocide. Rinse, repeat in every thread about this conflict. Kinda boring after a while.