And what about Hamas’s responsibility?
Hamas’s killing of at least 1400 Israeli civilians (including children) during its surprise attack on Israeli territory violated provisions of international humanitarian law that are designed to protect civilians and their property during war. They include
Common Article 3 of the 1949 Geneva Conventions, which requires humane treatment of civilians and noncombatants;
Article 51 of the conventions’ Protocol I, which protects civilian populations from attack; and a host of provisions on war crimes and crimes against humanity in Articles 7 and 8 of the
Rome Statute [PDF] of the International Criminal Court (ICC), which reflect customary international law and apply to Hamas leaders and fighters. Moreover, Hamas’s continuous, indiscriminate rocket attacks against Israeli targets put civilian structures and individuals at risk, also violating these treaty provisions and customary international law.
The state of Palestine also is a state party of the Rome Statute of the
International Criminal Court (ICC), which means that Hamas leaders and personnel can be held accountable for committing genocide, crimes against humanity, or war crimes on, for example, Israeli territory or in Gaza. Israel, like the United States and dozens of other countries, is not a state party of the Rome Statute, but the ICC prosecutor will
scrutinize its military actions in Gaza, the territory of a state party.
Hamas’s attack on Israel and the ensuing war in the Gaza Strip raise a host of questions about the combatants’ legal obligations.
www.cfr.org