At a local Gazan protest against the war, Hamas gunmen shot and killed 20 unarmed protesters on Monday last week and summarily executed 10 alleged collaborators with Israel the same day. Not everybody wants to die for the Islamist cause.

International humanitarian law requires that the armed force used to achieve an objective may be no more than that which is necessary and that only military objectives are lawful targets. Civilian infrastructure and people are unlawful targets unless they serve military purposes or are participating in hostilities as combatants, compromising their civilian status. Accordingly, risks to civilians must be assessed before deciding whether or how to attack a target or return fire.

In relation to the use of human shields, passive victims of Hamas military policy who find themselves in the vicinity of its facilities are to be protected as much as possible. In targeting a military objective, their casualties should not be disproportionate to the military advantage to be gained.
For example, a decision on whether or how to return mortar fire needs to take into account the obligation to minimise potential harm to civilians. On Wednesday last week, 15 Gazans were killed in an exchange of mortar fire initiated by Hamas from the site of a UN shelter. Questions arise as to whether IDF fire was responsible for the deaths and whether the IDF return fire was necessary, whether it was sufficiently informed by field intelligence, whether higher precision alternatives were available and whether target-specific legal advice and real-time monitoring was possible.

In contrast to passive victims, active human shields who voluntarily put their bodies in the service of Hamas's war effort intend to block fire in combat and they have an individual combat function that compromises their civilian status. Although they themselves are not legitimate targets, the facilities or people they seek to shield are. Their direct participation in hostilities undermines the legal obligation to protect them. They should be forewarned, but their deaths or injuries are legally caused.


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