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Hamas Atrocities and the Rules of War

In today’s Daily Dispatch, we note that the terrorist projectile that killed Daniel Tragerman, a four-year-old Israeli boy, was a mortar fired from a United Nations facility. In light of this, and last week’s U.N. report that actually stated Hamas was using such civilian facilities to launch attacks, Commentary’s Jonathan Tobin writes on the terrorist group’s atrocities and the rules of war:

General Benny Gantz recalled one incident that didn’t make it into the UN report in which a Palestinian mortar killed a four-year-old Israeli boy. According to Gantz the shell that took his life was fired from a United Nations building. The question the general raised is of what use are such rules if they serve to protect Hamas killers while endangering Jewish children?

The UN report gave Israel credit for the fact that incidents in which the Israel Defense Forces’ fire was deemed to be unjustified or wrongful due to the impact on civilians resulted in investigations and/or prosecutions of those involved. But it what failed to grasp was that two factors undermined most of the criticisms of Israel’s conduct in Gaza. One is that widespread infiltration of UNRWA by Hamas personnel who use UN facilities as storage depots. The other is the fact that the Hamas government of Gaza systematically exploits civilian buildings that are treated as off limits to Israeli fire for military purposes.

As Gantz detailed, it was well known, even during the war, that the Hamas leaders who were directing the rocket attacks on Israel were doing from the safety of hospital buildings. It was also clear throughout the campaign that Hamas was firing the thousands of rockets that were shot at Israeli cities from the immediate environs of shelters, schools and hospitals…

Were the world prepared to let Israel go into Gaza and capture these terrorists and the government in whose name they operate, it might be possible to say that there is no need to think about rules. But we know this isn’t so. The leaders of Gaza were able to sit out the war inside hospitals secure in the knowledge that the Israelis wouldn’t shoot at their hideouts or attempt to root out this criminal conspiracy. Indeed, the Hamas-run independent Palestinian state in all but name knows that operates with impunity and need never fear that the Israelis will seek to destroy it.

How then is a legitimate democratic government supposed to protect its people?

Tags: Hamas , IDF

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