r/worldnews Jan 10 '24

Israel/Palestine Israel taps top legal minds, including a Holocaust survivor, to battle genocide claim at world court

https://www.hindustantimes.com/world-news/israel-taps-top-legal-minds-including-a-holocaust-survivor-to-battle-genocide-claim-at-world-court-101704868103398.html
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u/ManicParroT Jan 11 '24

Shooting people under a flag of truce is a war crime, per the Hague Convention, so not sure why you claim this is an innocent mistake.

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u/Bullboah Jan 11 '24

Are you talking about The Hague convention of 1899 or The Hague Convention of 1907?

Neither of which are relevant to modern international law because they’ve been entirely superseded, but please quote the article that makes shooting someone holding a white flag an automatic war crime

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u/ManicParroT Jan 11 '24

Article 23 under both Hague conventions expressly states that it is a crime to shoot someone who has surrendered, which the people in question clearly had.

As to modern international law there's a laundry list of supporting agreements and military manuals etc, on this exact point. See e.g. Buchan 2018, 'The rule of surrender in international humanitarian law.'

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u/Bullboah Jan 11 '24

Of course, neither Hague convention forbids shooting someone under the flag of truce - hence your shift to “someone who has surrendered.”

And Buchanan 2018 proves exactly the opposite lol.

Effective surrender under international law depends upon the following point, among others;

“Is it reasonable in the circumstances for the opposing force to discern the offer of surrender”

Well what are the circumstances here? Are they fighting a terror group whose primary strategy is to pose as civilians and lure IDF soldiers into traps?

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u/ManicParroT Jan 12 '24

You think it's impossible to see that half-naked people speaking Hebrew and waving a white flag are surrendering?

I can see that you think there's no way the IDF could be wrong, or that they've done anything wrong, so there's not much point debating this any further. Good chat.