Home International Law Civilian hostages: the war tool of terrorists

Civilian hostages: the war tool of terrorists

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With the tragic Hamas incursion, we witness once again kidnappings for political reasons. Seizing hostages is one of the most enduring tactics in warfare, although global institutions have repeatedly condemned it. For decades, politicians from several countries like the US and the UK have committed to the international standard of non-negotiation with terrorists. However, there are still countries that decide to pay ransom to these criminal organizations, which will use the money to buy further weapons and continue the conflict. It is argued that collaboration with terrorists is both morally indefensible and impractical, as it tends to encourage more terrorism and legitimize terrorist aims. In other cases, like the Italian one, countries have made the payment of ransoms illegal but failed in their scope because it does not discourage terrorists or the law is not respected. In sum, policies on hostage-taking and resolution vary from government to government and there is still no common understanding of the best way to act in order to save the highest number of civilians.

On the 7th of October 2023, Hamas led an attack against Israel during which it is estimated to have killed 1,400 civilians and captured hundreds. Horrific images and videos posted on social media showed the seizure and killing of many civilians by the armed captors. After that incursion, the Israeli government retaliated by conducting devastating airstrikes on Gaza, restricting food, water, and fuel to the people who live there, and launching a ground invasion. There are circa 200 Israeli and foreign hostages held currently in Gaza who remain a pivotal tool in determining the fate of the Israeli-Hamas war. Yet, by holding the hostages across the Gaza Strip it becomes harder for the Israelis to reach them and free them. Among the captures, there are Israeli citizens, soldiers and foreigners. According to the media, the list comprehends several Americans, two Mexican nationals, three Brazilians, a Nepali student and a British citizen, who result missing. Hamas hopes that the governments of the captives would stop the Israeli attacks on Gaza and speed up a prisoner swap deal negotiating with Netanyahu, the Israeli President. The US administration is exerting pressure on both sides of the conflict for the release of their nationals, while other countries, like the UK and Germany, have just continued standing with Israel against Hamas expecting a future return of the favor and not to block any swap deal. 

The Israeli Defense Force’s ground offensive into Gaza has been increasing in intensity. Consequently, Hamas claimed that nearly 50 hostages had been killed in Israeli airstrikes. Moreover, some hostages were released by the terrorist group, a decision based on “humanitarian” reasons. Hamas is calling for more humanitarian aid to be distributed in Gaza in exchange for the release of additional hostages. The region lacks basic needs, like water, food, and fuel. However, the latter is of concern for Israel, which retains that could be used to supply rockets and more attacks. Instead, according to the UN, roughly 12 trucks of aid per day are being allowed into Gaza, while before the siege there were 500 a day.

Other infamous recent kidnappings involve ISIS. Even though the situation in Syria seems to be quieter now, the Syrian Network for Human Rights has reported more than 8,143 cases of individuals detained by ISIS whose fates remain unknown. Many victims vanished during ISIS’s military offensives, notably in 2014 when the group dramatically expanded the area under its control. The Islamist terrorist organization detained hundreds of soldiers from Syrian government bases near Raqqa, Kurdish men from villages near Kobani, and men from the al-Shuaitat community who rose against the group. Similarly to the Hamas actions, ISIS filmed its members executing their hostages. In other cases, hostages were killed after the US-led coalition or Syrian-Russian military alliance bombings of detention centers. Nonetheless, in this situation US and other foreign militaries directly participated in the conflict and they can be recognized as important actors. A failure is to be noted in the provision of humanitarian assistance. Especially talking about hostages, the coalition and other member states have directed few resources toward supporting families to identify the fates of their loved ones.

In conclusion, the Israeli national strategy for the conflict is to obliterate Hamas terrorist capabilities, but it does not cover enough the humanitarian aspect, as regards civilian hostages and how to save their population. It is difficult to assess the kidnappings as the Israeli-Palestinian conflict is rooted in history and the land. Many countries prefer to stay neutral, albeit others sponsor one or the other side. Anyways, in this long-lasting war, there are civilians whose lives are at risk and national governments that do not care about protecting them. So far, the tactic of taking hostages has always worked and there will be no progress if countries stay focused on national interests rather than cooperation.

By The European Institute for International Law and International Relations

References

https://www.hostageinternational.org/resource/government-assistance-to-their-nationals-and-policies-towards-kidnapping-groups/
https://edition.cnn.com/2023/10/08/europe/israel-hostages-hamas-what-we-know-intl/index.html
https://english.aawsat.com/arab-world/4598556-capturing-foreign-hostages-puts-hamas-trouble-israel-crisis
https://www.wilsoncenter.org/article/why-taking-hostages-such-potent-tool-warfare
https://www.vox.com/world-politics/2023/10/31/23940266/israel-palestine-gaza-hamas-hostage-crisis-negotiations-qatar-netanyahu
https://www.hrw.org/report/2020/02/11/kidnapped-isis/failure-uncover-fate-syrias-missing
https://www.chathamhouse.org/2022/01/we-do-not-negotiate-terrorists-why

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