Holding Hostages: Hamas and Islamic Jihad Face Accusations of War Crimes

Hamas and Islamic Jihad: Holding Hostages is a War Crime

In a recent report, Human Rights Watch has accused Hamas and Islamic Jihad of committing war crimes by holding scores of Israelis and others as hostages in Gaza. It is stated that the armed groups refuse to release the hostages until Palestinian prisoners in Israel are freed. The hostages include civilians, including children, people with disabilities, and older people. Human Rights Watch emphasizes that no grievance can justify holding anyone hostage and calls for the immediate and safe release of all civilians detained.

Current Situation

As of October 19, 2023, Israeli authorities reported that at least 203 hostages were being held in Gaza. Hamas claimed to be holding about 200 hostages, while Islamic Jihad claimed to be holding 30. It is also mentioned that two Israeli civilians with psycho-social disabilities have been held hostage for almost a decade by the Hamas armed wing. These hostages were taken on October 7, when Palestinian fighters breached the fences between Israel and Gaza, resulting in the deaths of over 1,400 people, including civilians.

The Use of Hostages as Bargaining Chips

Human Rights Watch strongly condemns the use of civilians, including children and people with disabilities, as bargaining chips. It is emphasized that governments with influence over Hamas, such as Qatar, Egypt, and Turkey, should use their leverage to press for the release of the hostages and ensure their humane treatment until then.

War Crimes and Legal Perspective

The report highlights that hostage-taking is explicitly prohibited under Common Article 3 of the 1949 Geneva Conventions, which applies to the armed conflict between Israel, Hamas, Islamic Jihad, and other Palestinian armed groups. Article 8 of the Rome Statute of the International Criminal Court (ICC) also defines hostage-taking as a war crime. The report further states that hostage-taking is linked to other war crimes, including the use of captive civilians as human shields, cruel treatment by threatening harm to hostages, and collective punishment.

“Hostage-taking, using human shields, and threatening to kill people in custody are war crimes … The International Criminal Court’s prosecutor has made clear that he has a mandate to investigate these abuses.” -Lama Fakih, Middle East and North Africa Director at Human Rights Watch

Call for Immediate Action

Human Rights Watch calls on Qatar, Turkey, and Egypt, countries that frequently engage with Hamas and other Palestinian armed groups, to press for the immediate release of the hostages being held in Gaza. It is emphasized that those who ordered or carried out hostage-taking can be held criminally liable, and Hamas and Islamic Jihad commanders may be prosecuted under the principle of “command responsibility” if they knew or should have known about the crimes being committed by their subordinates.

Editorial: Protecting Civilians in Armed Conflicts

The recent report by Human Rights Watch sheds light on the grave violations committed by Hamas and Islamic Jihad in holding hostages in Gaza. It is a stark reminder that even in times of conflict, the rights of civilians must be respected and protected. Holding hostages is not only a war crime but also a brazen disregard for the fundamental principles of humanity and decency.

Armed conflicts often result in immense suffering and loss of life. However, it is crucial to remember that the principles of international humanitarian law provide a framework for minimizing harm to civilians and distinguishing between combatants and non-combatants. Common Article 3 of the Geneva Conventions explicitly prohibits the mistreatment of individuals in custody and requires that everyone be treated humanely. The deliberate targeting or use of civilians as bargaining chips is not only morally reprehensible but also a violation of these legal obligations.

Furthermore, the use of hostages as a negotiating tactic undermines any legitimate grievances that armed groups may have. Resorting to such tactics erodes the credibility of their cause and blurs the lines between right and wrong. It is essential that armed groups, as well as governments and international actors, prioritize the protection of civilians and work towards peaceful resolutions to conflicts.

Protecting Civilians: A Shared Responsibility

The responsibility to protect civilians rests not only with the armed groups engaged in conflict but also with all governments and international actors who have influence and leverage. In the case of Hamas and Islamic Jihad, Qatar, Egypt, and Turkey are specifically mentioned as countries that can exert pressure on Hamas to ensure the release of the hostages and their humane treatment.

International organizations, such as the International Criminal Court, play a crucial role in holding individuals accountable for war crimes and ensuring justice for victims. The ICC’s mandate to investigate hostage-taking and other abuses should serve as a deterrent to those who continue to engage in such crimes.

Advice: Prioritizing Humanitarian Concerns

The situation in Gaza requires urgent attention and concerted efforts to protect the lives and well-being of all individuals affected by the conflict. It is imperative that governments and international actors prioritize humanitarian concerns over political calculations.

First and foremost, the immediate and safe release of all hostages should be pursued as a matter of utmost urgency. Governments with influence over Hamas, such as Qatar, Egypt, and Turkey, should leverage their relationships to advocate for the release of the hostages and ensure their humane treatment.

Additionally, efforts must be made to address the broader humanitarian crisis in Gaza. The Israeli authorities’ violation of international humanitarian law regarding the prohibition of collective punishment and the facilitation of vital supplies, including medical supplies, to civilians must be condemned and rectified. The international community should exert pressure to ensure that the basic needs of the population in Gaza are met.

Lastly, efforts towards a peaceful resolution to the Israeli-Palestinian conflict should be reinvigorated. The continued cycle of violence and retaliatory actions only perpetuates suffering and undermines the prospects for a just and lasting peace. Dialogue, negotiation, and a commitment to the rights and dignity of all individuals involved are essential for achieving a sustainable resolution.

It is time for all parties involved to prioritize the protection of civilians and work towards a future where conflict and hostage-taking are replaced with peace and respect for human rights.

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