This series of tweets show #Hamas committed war crimes under multiple treaties by taking hostages. That’s because the prohibition on taking hostages is unquestionably a rule of customary international law - one the International Court of Justice has called an “elementary consideration of humanity.” See Paramilitary Activities Judgment (1986).
But one more treaty prohibiting hostage-taking that Hamas violated is Article 4 of the 1977 Additional Protocol II to the Geneva Conventions, which states:
1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honor and convictions and religious practices …
2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever:
…
(c) taking of hostages
Like Common Article 3, this Article binds both “parties” of a conflict and does not require both parties to be “state actors.”
There are more applicable treaties - several more - but seriously, you get the point.
Hamas' war crimes of taking 230+ hostages (like many of its other war crimes - stay tuned) is open and shut.
Captain Allen
@CptAllenHistory
