• donuts@kbin.social
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    11 months ago

    To be clear, staging militant attacks from a hospital is a war crime.
    To make matters worse, it opens up the likelihood and justification of counter-attacks against that hospital and the people in it.

    According to international humanitarian law (IHL), health establishments and units, including hospitals, should not be attacked. This protection extends to the wounded and sick as well as to medical staff and means of transport. The rule has few exceptions.

    Specific protection of medical establishments and units (including hospitals) is the general rule under IHL. Therefore, specific protection to which hospitals are entitled shall not cease unless they are used by a party to the conflict to commit, outside their humanitarian functions, an “act harmful to the enemy”.

    Medical establishments and units enjoy protection because of their function of providing care for the wounded and sick. When they are used to interfere directly or indirectly in military operations, and thereby cause harm to the enemy, the rationale for their specific protection is removed. This would be the case for example if a hospital is used as a base from which to launch an attack; as an observation post to transmit information of military value; as a weapons depot; as a center for liaison with fighting troops; or as a shelter for able-bodied combatants.

    Source: The International Committee of the Red Cross

    Nobody should beat around the bush here. Hamas are using injured civilians as a human shield to stage attacks, and in doing so they are inviting retaliation and suffering under well-establish terms of international law. There’s not really any particular gray area here. It’s horrible, it’s unethical, it’s criminal, and it’s just plain wrong.

    • HappycamperNZ@lemmy.world
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      11 months ago

      This is the thing that pissed me off - the organization that has a humanitarian symbol so strong you can be legally held accountable for using it in a way that lessens its importance acknowledges that attacking a hospital being used as a military bases is a legal part of war. Meanwhile there are people whos education doesn’t pass high-school screaming that this isn’t legal, or its incorrect, or blaming the aggressor instead of those deliberately putting civilian lives at risk by blatantly ignoring intl rules of conflict.

      If you want to throw in your argument against the red cross, spend your life and billions of dollars helping humanitarian issues world wide and then you might have some authority on the matter.

      This is modern warfare. War is horrific, innocents get killed, people suffer. We put rules in place to lessen the effects on the innocent and those who circumvent those rules to try make the others look bad need to be removed in the quickest and most efficient way we can - as soon as one group gets away with ignoring the intl rules, everyone can.

      • TheEighthDoctor@lemmy.world
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        11 months ago

        I don’t think any intellectually honest person that supports Palestine thinks Hamas are the “good guys”, they are an evil created and grown directly and indirectly by Israel’s actions.

        • HappycamperNZ@lemmy.world
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          11 months ago

          I doubt anyone thinks they are the good guys, but there are multiple trying to justify blatant war crimes and thinking they should be able to operate with immunity because they have civilians in the cross fire.

          Im also doubting some “intellectually honest” people on both sides if the arguement. Well, with this CF all six sides of the arguement…

          • EndlessApollo@lemmy.world
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            11 months ago

            Who is doing that? Who is saying it’s justifiable for Hamas to use a hospital as a base? The only thing remotely close to that I’ve seen is people saying that a group like Hamas is an inevitable byproduct of Israeli occupation. Everyone knows putting a garrison in a hospital is shit, what’s disturbing is how many people think that justifies murdering every civilian in there

            • Madison420@lemmy.world
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              11 months ago

              It’s the only place they could make a garrison, any other building Israel even remotely thinks is related to terrorism is summarily obliterated. If you leave people two options and one isn’t plausible you can’t be all too surprised they choose the other option.

              The US spent 20 fucking years fighting in Afghanistan which also had hospital garrisons, I don’t seem to remember a pattern or practice of leveling them though. In fact the hospital that was destroyed kicked off a three party international review, the us apologized and paid the families. Israel on thee other hand said fuck it let’s go bomb hospitals.

              • HappycamperNZ@lemmy.world
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                11 months ago

                It’s the only place they could make a garrison, any other building Israel even remotely thinks is related to terrorism is summarily obliterated. If you leave people two options and one isn’t plausible you can’t be all too surprised they choose the other option.

                /u/endlessapollo one of them just replied to you justifying garrison a hospital.

                • Madison420@lemmy.world
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                  11 months ago

                  It’s not a justification dude, it’s still wrong but you’re lying to yourself if your say you wouldn’t do it either.

                  Take a guess where all of the known presidential bunkers are in the us.

                  • HappycamperNZ@lemmy.world
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                    11 months ago

                    How was saying they don’t have a choice not justification of the action?

                    I cant comment on whether or not I would, but I haven’t. I’m not the one currently using human shields to push my agenda, nor am I the one being looked at for doing so - what I would do is irrelevant because I haven’t done it… like any other law in existence.

                    So, back on topic - how is saying they don’t have a choice not justification?

            • HappycamperNZ@lemmy.world
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              11 months ago

              I have unfortunately seen comments trying to justify it- mostly around them not having a choice (edit: oh look, one just replied), or because otherwise they would be bombed, or its ok because Israel isn’t good either. Whats more disturbing is my comment responding asking if they just justified a war crime because they said it was ok because they would be attacked otherwise got downvoted something like 20 times. Im also aware that isn’t exactly a peer reviewed study.

              I fully agree on your comment regarding how worrying it is how many people think killing them all is ok. No, it is a war crime to garrison a hospital, and it removes protection from that hospital but your response still has to be proportional and in a way that minimizes damage and civilian casualties. They could put a sniper in every window, rockets on the roof and you still can’t level the building.

              • Madison420@lemmy.world
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                11 months ago

                That’s understanding not justification. Saying they get why it was done is not at all the same as saying it’s morally or logically correct.

                It specifically does not remove protections, it makes limited military intervention legal. I agree with the rest but that phrasing makes it seem like anything is on the table when it isn’t.

      • Madison420@lemmy.world
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        11 months ago

        It doesn’t give them the right to bomb the hospital point blank period, proportionality clauses kick in and it’s arguably reason to ground assault it but they cannot ignore the civilian cost of life when they’re are other ways to go about clearing the garrison.

        Ed: Jesus Christ, 3 seconds on Google prior just can’t seem to do.

        The principle of proportionality prohibits attacks against military objectives which are “expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated”. In other words, the principle of proportionality seeks to limit damage caused by military operations by requiring that the effects of the means and methods of warfare used must not be disproportionate to the military advantage sought.

        • HappycamperNZ@lemmy.world
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          11 months ago

          Unfortunately as soon as they garrisoned it it became a legitimate military target and yes, they literally now have a right to bomb it. Level it, no, you are right on a proportional response and that would still be a war crime, but bombing what is now a legitimate military target prior to any invasion (like any other military target) can absolutely be justified.

          Hamas knows this, and are deliberately trying to put the global blame on Israel when THEY GARRISONED A FUCKING HOSPITAL.

          • Madison420@lemmy.world
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            11 months ago

            No the fuck they don’t!

            You just ain’t right bud, do some fucking reading before you spout Israeli talking points.

            The principle of proportionality prohibits attacks against military objectives which are “expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated”. In other words, the principle of proportionality seeks to limit damage caused by military operations by requiring that the effects of the means and methods of warfare used must not be disproportionate to the military advantage sought.

            • HappycamperNZ@lemmy.world
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              11 months ago

              Medical establishments and units enjoy protection because of their function of providing care for the wounded and sick. When they are used to interfere directly or indirectly in military operations, and thereby cause harm to the enemy, the rationale for their specific protection is removed. This would be the case for example if a hospital is used as a base from which to launch an attack; as an observation post to transmit information of military value; as a weapons depot; as a center for liaison with fighting troops; or as a shelter for able-bodied combatants.

              Source - International commitment of the Red Cross. Hamas is doing all of these.

              Are you telling me you know better than the biggest humanitarian organization on the planet? I have been studying this for two years, read well over 150 peer reviewed articles on conflict and the effect it has on the civilian population, and studied multiple places where International law was not followed. I’ve done enough fucking reading on the topic and don’t need to reply with pro-anyone agenda to discuss it.

              • Madison420@lemmy.world
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                11 months ago

                https://casebook.icrc.org/a_to_z/glossary/proportionality

                The principle of proportionality prohibits attacks against military objectives which are “expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated”. In other words, the principle of proportionality seeks to limit damage caused by military operations by requiring that the effects of the means and methods of warfare used must not be disproportionate to the military advantage sought.

                Same source, you know that’s theres like thousands of laws in relation to war correct?

                I don’t know better boss, but I can use the search bar and read, you don’t need much more than that to know you’re objectively wrong and your source agrees.

      • Maggoty@lemmy.world
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        11 months ago

        Hi there. How about an old soldier who actually had to know this stuff and use that knowledge in a war?

        First off, a single incident isn’t enough. A sniper or even a squad doing stuff can be dealt with in other ways. In order to strike a hospital (or any protected target) with explosives you need evidence it’s a target of “military or strategic value”. This is why Israel isn’t just claiming a few sporadic attacks but instead that all of the hospitals are actually command centers.

        Second, the protected target can only be hit by proportional force that accomplishes a specific goal. If there’s an artillery battery in the parking lot and I level the obstetrics wing with dumb bombs then I’ve committed a war crime. Smart bombs with very low yields absolutely exist. Another example is the eponymous claim of rooftop rockets. I can hit that with an airburst explosive to prevent structural damage to most concrete buildings. In the context of protected targets these things matter. You don’t get a green light to demolish it unless it’s basically been hollowed out for military use only.

        Third, whoever fires on the protected target is responsible for providing the evidence it was required. And war crimes investigators take a very dim view of “they did it once a decade ago”, as a reason. Israel and it’s allies have yet to do anything that actually proves the existence of a military or strategic target in places like the UNRWA Gaza headquarters.

      • donuts@kbin.social
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        11 months ago

        Sadly I think there’s just an overwhelming tendency for bias to make people think “everything my side does is right and everything the other side does is wrong”.

        Random people on the internet, many of whom are mostly (if not entirely) detached from realities of the Israeli-Palestinian conflict and may only just be learning about it for the first time from social media, have now formed ranks and picked a side that feels right in the moment. I’d ask people to resist the urge to do that, and instead take some time to read into the complete history of the region and the conflict, but I think it’s much easier to go along with what other people on the net/TV/radio/etc are shouting.

        People should keep in mind that there’s a 3rd side to every conflict: the side of the innocent people who have found themselves caught in the middle of an armed conflict that they never wanted or asked for. The Israeli student who was shot to death at a festival, the old Palestinian woman whose family were buried alive in a knocked-down building, the young child who was taken hostage by Hamas scared and alone, and the Gaza teenager who has lost all possibility of the normal, peaceful life and education that so many of us take for granted. Their side is the only side that anyone should be on. And it’s those very innocent civilians who Hamas are knowingly putting in danger by treating them as human shields in a way that openly invites retaliation.

        When you stop to think for a minute about what’s really going on here, and when you’ve taken even the bare minimum amount of time to read up on the history of this conflict (one of the longest-running geopolitical conflicts in modern history), it’s not hard to understand that both sides really do have blood on their hands. There are no “good guys” other than the people who have managed to stay innocent, and as the conflict goes on and the desire for revenge burns in people’s hearts, eventually some of those people will become “bad guys” too.

        And that’s just a very sad thing, because if nothing else it means that there is no light at the end of the tunnel.

        • HappycamperNZ@lemmy.world
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          11 months ago

          Sadly I think there’s just an overwhelming tendency for bias to make people think “everything my side does is right and everything the other side does is wrong”.

          The good old “they” mentality strikes again. You are completely correct in everything you have said, and I think this is one of the first major global issues where social media has really come to the forefront - just like the TV for Vietnam everyone can see it, but now everyone can put in their own opinions and with the 5-15 sec clips you don’t get verifications, or balanced arguments, or anything that says this person is actually well informed and not coming in with an agenda.

          I think what gets me the most is how would anyone else react if their country had a neighbor whos founding document screamed for the death of you. Who ripped up their infrastructure to send rockets against you and made you develop one of the best counter-missile battery in the world to protect your civilians. Who invaded across your boarder to shoot and abduct civilians and openly brags they wanted to get more.

          I would argue that people do consider the innocents caught up in it, but the unfortunate fact is that these actions can’t be allowed to continue otherwise more will be affected in the long term. I support Israeli invasion, because dragging this out, allowing Hamas immunity because they have human shields, and keeping the blockade up means help can’t get to those that need it. Attacking civilian structures should be a last resort, but if they are being used to stage attacks its not something you have the luxury of shying away from.

    • Zaktor@sopuli.xyz
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      11 months ago

      Ok, let’s send them to the Hague I guess? Why do you think this is an important point? Hamas isn’t actually a legitimate organization that signed on to international law and would ever care what “legitimate warfare” is. They just went into Israel and murdered a bunch of civilians. If these fighters are caught whether the UN thinks they were wrong is the least of their problems.

      And none of that makes Israel attacking a hospital (or just the blatant collective punishment) justified.

    • ???@lemmy.world
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      11 months ago

      Proximity shielfing isn’t really the classic human shield idea. It’s like “human shields*” with an asterisk and six paragraphs of footnotes showing how countries like Israel use the idea of proximity shielding to commit human rights violations untouched.

    • satan
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      11 months ago

      How many war criminals from US, Russia have been charged and are rotting in jail? Bush, Obama, Trump? or does this law only apply when you want to use PR for your war contractors against brown people?

      “According to international humanitarian law” my ass.