Race, Religion, And Politics In Israel-Palestine (Part Seven)
This siege that Israel has laid against Gaza since 2007 is a war crime and it gives justification to Hamas to take action against its occupiers.
Anytime a nation lays this type of siege, that according to international law is tantamount to an invasion. Hamas rebels went to the territory of their "occupier" to get these hostages. It must be noted that the "Israeli territory" in which this revolt occurred were part of the Palestinian region until the 1949 Armistice. Therefore Hamas would believe they had the moral and ethical right to take these "POWs". After all there are 10,000 Palestinians who are imprisoned in Israel who have not been criminally charged. This is known as Administrative Detention. This is a violation of international law. Much of these Palestinian hostages are women and children. Hamas has a total of 200 Israelis as hostages. Those Israelis who are called hostages are really POWs considering they were armed, are in reserves, and they interact with the military.
Treaty II, Article 13 of the 1899 Convention declares that any other non-combatant or civilian affiliated with but not part of the belligerent military, such as reporters and contractors, have the same right to be treated as a prisoner of war.
Since nearly all the hostages taken by Hamas were reservists in the IDF, should they not be given POW status? There are so many questions which need to be answered. It must be taken into account in a number of Kibbutzes, its residents took up arms after the IDF military had been initially defeated by the Hamas paramilitary.
The 15,000 Gazan civilians killed by the Israeli Defense Force had no affiliation with Hamas. This is known as Administrative Detention. This is a violation of international law. Much of these Palestinian hostages are women and children.
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