this post was submitted on 27 Oct 2023
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The IDF revealed on Friday, what it described as intelligence showing a Hamas command center located under a the Shifa Hospital in Gaza City. In a briefing, Rear Admiral Daniel Hagari told members of the foreign press corps that there are areas in the hospitals that are used by Hamas to direct its military operations.

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[–] HappycamperNZ 3 points 1 year ago* (last edited 1 year ago) (1 children)

Been a few months since I looked at the finer details - something about the rules of war only applying in state-state war as state-non state is a conflict, not a war and as such could not be done for a war crime. However could be done for crimes against humanity which would follow a different process. Things like Somali pirates were excempt from war crimes as they were a non-state actor even though they targeted civilian shipping and went against military forces.

Either way - it is globally acknowledged it shouldn't be done and hell should be brought down on the perpetrators from the international level. Hamas was also the elected government (i think) so it is a state-state war.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (2 children)

I'm obviously not a lawyer so take this with a heap of salt but Article 8, 2. e) seems to explicitly specify war crimes for non-international conflicts:

Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts

https://www.un.org/en/genocideprevention/war-crimes.shtml

[–] Madison420 1 points 1 year ago

That's just saying they can hold a trial in absentia for non members, it's not binding but it's shows international stance.

[–] HappycamperNZ 0 points 1 year ago

Neither - just studied a bit at uni.