Hamas’ Use of Human Shields and Israel’s Response – Legal Aspects

Summary
Hamas’ use of human shields, including using hospitals and civilian objects to store weapons, launch attacks and place operations, is forbidden under international law and constitutes a war crime. Once civilian objects are used for military purposes, they are considered as legitimate military targets. Israel may strike such targets, subject to the principle of proportionality. Israel must give advanced warning, subject to military necessity, as it currently does. Military commanders must make difficult decisions under fog of war conditions. States must make efforts to minimize civilian casualties, but unfortunately such casualties are inevitable in the tragic circumstances of war.

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