Sechster Nahostkrieg

[Nightwatch]

Is there ever a justification for targeting a school during war, such as Israel is reported to have done in Gaza today: An international law analysis

Under International Humanitarian Law (IHL), as well as the Rome Statute, as a general rule, civilian sites such as schools, receive special protected status, and therefore may not be targeted.

HOWEVER, such places lose their protected status and become legitimate targets under law, when they are used for military operations, including weapons storage depots, firing rockets, as command centers, or in embedding terrorist fighters - as Hamas repeatedly, systematically and unlawfully does, while using their own civilians as human shields.

Such actions by Hamas are, in and of themselves, gross violations of international humanitarian and customary law.

For example, Rome Statute [Article 8(2)] makes it clear that intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, can be permissible, provided there is a military objectives.

Article 52(2) of the First Protocol to the Geneva Convention of 1949 further adds that a target is considered to be a military one if it is used for military purposes, where "objects which by their nature, location, purpose or use make an effective contribution to military action and whose total partial destruction, capture or neutralization in the circumstances rling at the time, offers a definite military adantage."

In the case today, based on Israeli intelligence, approx. 20 Hamas and Islamic Jihad militants, including senior commanders, were operating from the compound struck at the Al-Tabaeen school, using it to carry out terrorist attacks.

According to IDF, the compound, and the mosque that was struck within it, served as an active Hamas and Islamic Jihad military facility.

In addition to the known intelligence, IDF also used precision weapons, and followed the principles of proportionality and distinction, as required under IHL.

Israel was therefore entirely justified under int’l law to strike the Al-Tabaeen school in Gaza, on the basis that Hamas & Islamic Jihad terrorists were embedded there and were using it to carry out terrorist attacks.

Though it is regrettable if any civilians died during the operation, ultimate responsibility, both legal and moral, for every innocent life lost lies at the feet of Hamas, who continue to flagrantly violate international law, by embedding in civilian areas, like school, and using the most innocent of civilians, as human shields.

As long as the int’l community, including press and world leaders fail to distinguish this and hold Hamas accountable, they are only endangering civilians in Gaza and empowering Hamas.

https://x.com/Ostrov_A/status/1822302440353394886