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- cross-posted to:
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The IDF revealed on Friday, what it described as intelligence showing a Hamas command center located under a the Shifa Hospital in Gaza City. In a briefing, Rear Admiral Daniel Hagari told members of the foreign press corps that there are areas in the hospitals that are used by Hamas to direct its military operations.
From what I understand, putting militarily installations in places of worship, schools, hospitals and similar, is a war crime even in non-international conflicts.
Been a few months since I looked at the finer details - something about the rules of war only applying in state-state war as state-non state is a conflict, not a war and as such could not be done for a war crime. However could be done for crimes against humanity which would follow a different process. Things like Somali pirates were excempt from war crimes as they were a non-state actor even though they targeted civilian shipping and went against military forces.
Either way - it is globally acknowledged it shouldn’t be done and hell should be brought down on the perpetrators from the international level. Hamas was also the elected government (i think) so it is a state-state war.
I’m obviously not a lawyer so take this with a heap of salt but Article 8, 2. e) seems to explicitly specify war crimes for non-international conflicts:
https://www.un.org/en/genocideprevention/war-crimes.shtml
That’s just saying they can hold a trial in absentia for non members, it’s not binding but it’s shows international stance.
Neither - just studied a bit at uni.