Although it is my preference that Hamas be hoisted by both the petards of the IDF and their own misfires, here we address a different form of elevation -- prestige.
Reports suggest that the Israelis removed to Gaza are “prisoners of war.” This is incorrect. They are, and will remain, hostages.
There are some key differences between a prisoner of war (POW) and a hostage:
POWs have recognized legal protections and rights under international law, the Geneva Conventions, while hostages have uncertain status and face greater risks of mistreatment at the hands of non-state captors. The motives and aims of detention also differ between the two categories.
At the simplest, it cannot be clearer that the Israeli hostages are being mistreated.
Hence, individuals captured or detained by Hamas would not be considered prisoners of war, for a few key reasons:
Hamas is not a recognized state actor or national military force. It is designated as a terrorist organization by countries including the U.S., EU, Canada, and Japan.
The Geneva Conventions only give prisoner-of-war status to combatants captured in armed conflict between two or more states. The conventions do not apply to non-international conflicts with non-state actors like terrorist/rebel groups.
People detained by Hamas have not necessarily engaged in lawful combat against Hamas. They could be civilians rather than enemy combatants. POW status requires being a lawful combatant.
Hamas does not follow the Geneva Conventions in its treatment of detainees. So it does not confer POW rights even if detainees would otherwise meet the criteria.
The circumstances and motives surrounding Hamas detentions are often illegal (kidnapping, extortion, political leverage). This differs from lawful detention of combatants.
Individuals captured and held by Hamas are hostages, detained civilians, or unlawfully detained combatants denied their rights under international law. But they do not meet the legal definitions to be granted prisoner of war status under the Geneva Conventions.
By suggesting that the captured Israelis are POWs, those doing so are elevating Hamas to the position of a state actor instead of the terror organization it is.
While on the topic of savagery, British Colonel Richard Kemp stated regarding the practices of the IDF "[it] did more to safeguard civilians than any other army in the history of warfare."
Hamas enjoys wide support in Gaza, as expressed by no less an authority than Iran stooge Robert Malley. It may be time for the IDF to change its policy and risk fewer of its own casualties. I sure hope so.
Image: Mary Madigan