Gaza conflict: Who is a civilian?

Gaza conflict: Who is a civilian?

Hamas-run Interior Ministry
The Interior Ministry was hit in the first strike targeting a government building

By Heather Sharp
BBC News, Jerusalem

The bloodied children are clearly civilians; men killed as they launch rockets are undisputedly not. But what about the 40 or so young Hamas police recruits on parade who died in the first wave of Israel's bombing campaign in Gaza?

And weapons caches are clearly military sites – but what about the interior ministry, hit in a strike that killed two medical workers; or the money changer's office, destroyed last week injuring a boy living on the floor above?

As the death toll mounts in Gaza, the thorny question is arising of who and what can be considered a legitimate military target in a territory effectively governed by a group that many in the international community consider a terrorist organisation.

This is also the group that won the Palestinian legislative elections in January 2006 and a year later consolidated its control by force.

So while it was behind a campaign of suicide attacks in Israel and fires rockets indiscriminately over the border, it is also in charge of schools, hospitals, sewage works and power plants in Gaza.

International law

Israel says it is operating totally within humanitarian law, but human rights groups fear it is stretching the boundaries.

And as ground forces clash in the heavily-populated Gaza Strip, the questions will become more pressing.

International law’s rules on keeping civilian casualties to a minimum are based on the distinction between "combatants" and "non-combatants".


Our definition is that anyone who is involved with terrorism within Hamas is a valid target. This ranges from the strictly military institutions and includes the political institutions that provide the logistical funding and human resources for the terrorist arm
Benjamin Rutland
IDF spokesman

As Israel launched the first air strikes, outgoing Prime Minister Ehud Olmert said: "You - the citizens of Gaza - are not our enemies. Hamas, Jihad and the other terrorist organisations are your enemies, as they are our enemies."

But when an Israeli military spokesman also says things like "anything affiliated with Hamas is a legitimate target," things get complicated.

The International Committee of the Red Cross - guardian of the Geneva Conventions on which international humanitarian law is based - defines a combatant as a person "directly engaged in hostilities".

But Israeli Defence Forces spokesman Captain Benjamin Rutland told the BBC: "Our definition is that anyone who is involved with terrorism within Hamas is a valid target. This ranges from the strictly military institutions and includes the political institutions that provide the logistical funding and human resources for the terrorist arm."

Philippe Sands, Professor of International Law at University College London, says he is not aware of any Western democracy having taken so broad a definition.

"Once you extend the definition of combatant in the way that IDF is apparently doing, you begin to associate individuals who are only indirectly or peripherally involved… it becomes an open-ended definition, which undermines the very object and purpose of the rules that are intended to be applied."

Indeed, Hamas itself has been quoted as saying the fact that most Israelis serve in the military justifies attacks on civilian areas.

Hamas policemen

The first wave of bombings, which targeted police stations across Gaza, is a key case in question - particularly the strike that killed at least 40 trainees on parade.

Analysts say Hamas policemen are responsible for quashing dissent and rooting out spies, as well as tackling crime and directing traffic.

But the Israeli human rights group B'Tselem, which has raised the issue in a letter to Israel’s attorney general, says it appears those killed were being trained in first aid, human rights and maintaining public order.

The IDF says it has intelligence that members of the police force often "moonlight" with rocket squads, but has given no details about the specific sites or individuals targeted.


To claim that all of those offices are legitimate targets, just because they are affiliated with Hamas, is legally flawed and extremely problematic
B’Tselem director Jessica Montell

However, campaign group Human Rights Watch (HRW) argues that even if police members do double as Hamas fighters, they can only be legally attacked when actually participating in military activities.

Both B’Tselem and HRW are also concerned about the targeting of ostensibly civilian sites such as a university, mosques and government buildings.

Protocol 1 of the Geneva Conventions - quoted by Israel, although not signed by it - says that for a site to be a legitimate military target it must "make an effective contribution to military action" and its destruction or neutralisation must also offer "a definite military advantage".

Israel says it has bombed mosques because they are used to store weapons, releasing video of the air strikes which it says shows secondary explosions as its proof.

But it gives no evidence for its claims that laboratories at the Islamic University, which it bombed heavily, were used for weapons research, or for its claims that at least three money changers targeted were involved in “the transfer of funds for terrorist activities”.

This is because Israel rarely releases intelligence material for fear of endangering the lives of its sources, Capt. Rutland says.

However, on its targeting of the education, interior and foreign ministries and the parliament building, Israel simply argues they are part of the Hamas infrastructure – and there is no difference between its political and military wings.

"To claim that all of those offices are legitimate targets, just because they are affiliated with Hamas, is legally flawed and extremely problematic," says B’Tselem director Jessica Montell.