Is Hamas obligated to follow international law? What you should understand.


The attacks by Hamas on October 7 have been widely condemned as war crimes, with evidence mounting to support this claim. The International Criminal Court (ICC) has sought warrants for the arrest of three Hamas leaders on charges of war crimes and crimes against humanity, as well as two Israeli officials. Additionally, a U.N. commission found credible evidence of war crimes committed by Hamas and other armed Palestinian groups on that day. While Hamas claims to have a moral commitment to avoiding harm to civilians, it is still bound by international law despite not being a state government. The laws of war are universal and apply to all organized armed groups, regardless of their status as a state entity. Violations by one party to a conflict do not excuse the other party from its obligations to protect civilians. Despite the lack of a central enforcement authority in the international legal system, international law serves as a deterrent and can influence the behavior of armed groups. However, in the case of Hamas, these incentives do not seem to be effective, as the group may not see compliance with international law as necessary for achieving its goals. There is a gap between the evidence of war crimes committed by Hamas and the accountability of its leaders in a court of law. However, the ICC has a history of prosecuting members of nonstate armed groups, and its arrest warrants do not expire, which means that Hamas leaders could still be held accountable for their actions in the future.



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