The European Union on Sunday condemned Hamas for using "hospitals and civilians as human shields" in Gaza, while also urging Israel to show "maximum restraint" to protect civilians.
As far as international law goes no this is not a war crime.
If your military takes refuge or uses a civilian center for military operation then that location becomes a valid military target regardless of the risk to civilian lives.
Basically Hamas is commiting the crime by purposefully setting up in these areas. Once they do that then civilian death is acceptable collateral damage, legally speaking.
The point I’m making is both of those situations happened (good banks got bombed immediately after the convoy left and they have been using white phosphorus on people) and people are just looking the other way.
As far as international law goes no this is not a war crime.
If your military takes refuge or uses a civilian center for military operation then that location becomes a valid military target regardless of the risk to civilian lives.
Basically Hamas is commiting the crime by purposefully setting up in these areas. Once they do that then civilian death is acceptable collateral damage, legally speaking.
What about bombing humanitarian aide locations or using white phosphorus as a weapon?
Same thing applies to humanitarian aid.
If Hamas has hijacked or is operating in those places then they become military targets.
As far as white phosphorus, it depends on how it’s deployed. If it’s deployed for masking, tracing or identifying then it’s legal.
If it’s being directly used as an incendiary then that’s illegal.
The point I’m making is both of those situations happened (good banks got bombed immediately after the convoy left and they have been using white phosphorus on people) and people are just looking the other way.