Hamas: Terrorism or Resistance? A Legal Expert Analyzes the Debate

2023-11-09 10:56:00

This is the question that often divides observers of events in the Middle East. Is Hamas a terrorist organization?

Anne Lagerwall, director of the ULB Center for International Law, sheds light on the discussion. “Hamas is considered a terrorist group by a series of states, Israel, the United States, Canada, members of the European Union“, explains the expert. But there is no unanimity as is often the case with such movements as the PKK in Turkey, or the FARC in Colombia, she argues.

But, adds Anne Lagerwall, “whether these groups are considered terrorists or not, this in no way prevents the application of the rules of international law which must be respected during operations carried out“These are the same rules that apply to a State.”which targets a terrorist group“, specifies Anne Lagerwall. “You must, at all times, when conducting hostilities or hostile operations, distinguish between civilians and combatants and target only combatants, not civilians and only military objectives and not civilian infrastructure.“.

So, for this expert, Hamas, “did not have the right to direct its attacks against civilians, nor to take hostages“. “These are extremely serious violations of international humanitarian law which can be qualified as war crimes, or even crimes against humanity.“, estimates Anne Lagerwall. The International Criminal Court could be brought to judge them.

On the side of the Palestinian representative present on the plateau, we recall that the Palestinian president, Mahmoud Abbas, rejected the attacks against civilians. But, adds Hassan Albalawi, “if we say that when we target civilians, it is a terrorist act, then we must call the State of Israel a terrorist state since it is killing civilians now“.

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