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Israel/Palestine
In reply to the discussion: 50 Days: More than 500 Children: Facts and figures on fatalities in Gaza, Summer 2014 [View all]Little Tich
(6,171 posts)8. It seems as if the people in the café didn't participate in hostilities - they were watching TV.
The interactive map worked, and it was no problem finding information about the attack on the café. The people in the café were not a legitimate object of attack according to international humanitarian law:
Explanation of statistics on fatalities
Source: B'tselem, 20 Jul 2016
(snip)
Since Operation Cast Lead, which began on 27 December 2008, B'Tselem has based its determination of whether the person killed was taking part in the hostilities, among other factors, on the new approach of the International Committee of the Red Cross regarding the direct participation of civilians in hostilities.
Under international humanitarian law, civilians are entitled to protection and may not be the object of an attack, unless and for such time as they participate directly in hostilities. The study initiated by the ICRC was intended to clarify the circumstances in which a civilian loses special protection and is deemed to have participated directly in hostilities. The final report, which is based on six years of activity by work groups composed of experts in international humanitarian law, states that persons belonging to two categories lose the protection given to civilians in an armed conflict between a state and an organized armed group:
Persons who fulfill a continuous combat function. Such persons are legitimate objects of attack even if they are not participating directly in hostilities at the moment of attack. This category includes persons whose ongoing function involves the preparation, execution, or command of combat acts or operations. An individual recruited, trained, and equipped by such a group to continuously and directly participate in hostilities can be considered to assume a continuous combat function even before the person carries out a hostile act. On the other hand, persons who continuously accompany or support an organized armed group but whose function does not involve direct participation in hostilities maintain their status as civilians and are not legitimate objects of attack. Thus, recruiters, trainers, and funders may contribute to the general war effort, but as long as they do not directly participate in hostilities, they are not a legitimate object of attack.
Persons who do not fulfill a continuous combat function are a legitimate object of attack only when taking a direct part in hostilities (for example, on their way to fire a rocket, during the firing of the rocket, and on the way back).
Wherever there is a doubt regarding the actions of a person, the doubt works in the individual's favor, and it is forbidden to target the person for attack.
Under international humanitarian law, civilians are entitled to protection and may not be the object of an attack, unless and for such time as they participate directly in hostilities. The study initiated by the ICRC was intended to clarify the circumstances in which a civilian loses special protection and is deemed to have participated directly in hostilities. The final report, which is based on six years of activity by work groups composed of experts in international humanitarian law, states that persons belonging to two categories lose the protection given to civilians in an armed conflict between a state and an organized armed group:
Persons who fulfill a continuous combat function. Such persons are legitimate objects of attack even if they are not participating directly in hostilities at the moment of attack. This category includes persons whose ongoing function involves the preparation, execution, or command of combat acts or operations. An individual recruited, trained, and equipped by such a group to continuously and directly participate in hostilities can be considered to assume a continuous combat function even before the person carries out a hostile act. On the other hand, persons who continuously accompany or support an organized armed group but whose function does not involve direct participation in hostilities maintain their status as civilians and are not legitimate objects of attack. Thus, recruiters, trainers, and funders may contribute to the general war effort, but as long as they do not directly participate in hostilities, they are not a legitimate object of attack.
Persons who do not fulfill a continuous combat function are a legitimate object of attack only when taking a direct part in hostilities (for example, on their way to fire a rocket, during the firing of the rocket, and on the way back).
Wherever there is a doubt regarding the actions of a person, the doubt works in the individual's favor, and it is forbidden to target the person for attack.
Read more: http://www.btselem.org/statistics/casualties_clarifications
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50 Days: More than 500 Children: Facts and figures on fatalities in Gaza, Summer 2014 [View all]
Little Tich
Jul 2016
OP
"Additionally, 17 children were killed while participating in the hostilities..."
oberliner
Jul 2016
#1
That's why it is important to know which foreign governments fund which organizations nt
King_David
Jul 2016
#7
It seems as if the people in the café didn't participate in hostilities - they were watching TV.
Little Tich
Jul 2016
#8
It seems as if you have a problem with the fundamental purpose of IHL, which is to protect civilians
Little Tich
Jul 2016
#15
You seem to misunderstand the IHL notion of direct participation of hostilities,
Little Tich
Jul 2016
#17