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Hamas terrorists were making a “last stand” in a hospital in northern Gaza on Tuesday night in a showdown witnessed by a Telegraph reporter.
Israeli warplanes, tanks and infantry cornered the last remains of a 1,000 strong battalion of the terrorist group’s forces holed up in the Indonesian Hospital and a nearby school...in the northern town of Beit Hanoun.
“They talk the talk, but they don’t walk so good,” said Lieutenant Colonel Blick of the Israeli 551 Reserve Paratroop Battalion, which escorted The Telegraph to the front line on Tuesday.
Pointing to the plumes of dust rising about 2km to the south, Lt Col Blick said fewer than 100 Hamas fighters were taking shelter in the Indonesian Hospital, the last survivors of a thousand-strong unit.
“They fought when we came in but folded after a day. Their command lines were cut. Now, where you can see the dust rising, in the hospital, they are making their last stand,” he said.
One of the soldiers took reporters to see a Hamas rocket launcher, dug into the garden of a house just a few yards from a pool where children would have played. The launcher was so hidden that it would have been close to impossible to spot by drone.
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Most agree that the Indonesian Hospital is empty now of patients and is simply being used by Hamas to wage war. Taking it down with an air strike to finish the fighting must surely be tempting, but the IDF knows that would hand its enemy a propaganda coup.
At one point on The Telegraph’s embed, the tempo of gun and mortar fire coming from the Indonesian Hospital increased and was answered with a massive blast from a nearby tank.
None of the soldiers flinched. They’re inured to it. “We’re making tapes so we have them to fall asleep with after the war,” joked one.
Lt Col Ido pressed home the asymmetric nature of the war, saying: “They are hiding inside schools. Just 10 minutes ago, we had a serious battle with a group of Hamas inside the school that they built tunnels in. They fill it with the IEDs. Now the leadership of this battalion is hiding inside the hospital”.
The hospital is empty, something Israeli forces have verified with drones and other “tactical measures”, he said, adding: “They are firing on us from this hospital. So I think the world should understand what we are dealing with… they are terrorists. Can you imagine the Israeli state or England or Germany putting rockets inside their cities, in the City of London?”
ON ISRAEL's #SelfDefense
Under Int'l Law Israel's actions in Gaza cannot qualify as self-defense
In int'l law, Self-Defense is a term of art, with a narrower meaning than in common language.
Under Article 51 of UN Charter, self-defense means :
(1) legitimate use of force
(2) by a state to protect itself against an attack
(3) from another state.
Under Article 51, use of force in self-defense is permissible solely to repel an armed attack by another State. Threats from armed groups from within occupied territory give state the RIGHT TO PROTECT ITSELF, but not to wage war against the state from which the armed group emanates.
In line with established ICJ jurisprudence, in the case of the oPt: Israel cannot invoke the right to Self Defense under the UN Charter against threats emanating from the territory it occupies, and against the protected [Palestinian] population (ICJ, 2004).
The fact remains that Israel has to face numerous indiscriminate and deadly acts of violence against its civilian population. It has the right, and indeed the duty, to respond in order to protect the life of its citizens.
Of course, the court is correct. The idea that a state can defend itself from another state but not from non-state terrorism is absurd.Israel's duty to defend its citizens and residents, even if they are in the area, is anchored in internal Israeli law. The legality of the implementation of this duty is anchored in public international law, as discussed, in the provisions of regulation 43of The Hague Regulations. In The Beit Sourik Case, this Court did not anchor the military commander's authority to erect the separation fence upon the law of self defense. The Advisory Opinion of the International Court of Justice at the Hague determined that the authority to erect the fence is not to be based upon the law of self defense. The reason for this is that §51 of the Charter of the United Nations recognizes the natural right of self defense, when one state militarily attacks another state. Since Israel is not claiming that the source of the attack upon her is a foreign state, there is no application of this provision regarding the erection of the wall (paragraph 138 of the Advisory Opinion of the International Court of Justice at the Hague). Nor does the right of a state to self defense against international terrorism authorize Israel to employ the law of self defense against terrorism coming from the area, as such terrorism is not international, rather originates in territory controlled by Israel by belligerent occupation. This approach of the International Court of Justice at the Hague is not indubitable (many sources given - EoZ). It stirred criticism both from the dissenting judge, Judge Buergenthal (paragraph 6) and in the separate opinion of Judge Higgins (paragraphs 33 and 34). .... We find this approach of the International Court of Justice hard to come to terms with. It is not called for by the language of §51 of the Charter of the United Nations (see the difference between the English and French versions, S. Rosenne 291 General Course on Public International Law 149 (2001)). It is doubtful whether it fits the needs of democracy in its struggle against terrorism. From the point of view of a state's right to self defense, what difference does it make if a terrorist attack against it comes from another country or from territory external to it which is under belligerent occupation? And what shall be the status of international terrorism which penetrates into territory under belligerent occupation, while being launched from that territory by international terrorism's local agents? As mentioned, we have no need to thoroughly examine this issue, as we have found that regulation 43 of The Hague Regulations authorizes the military commander to take all necessary action to preserve security. The acts which self defense permits are surely included within such action. We shall, therefore, leave the examination of self defense for a future opportunity.
The confrontation between Israel and these terrorist organisations in the Gaza Strip satisfies the definition of armed conflict under international law. The 2014 Gaza Conflict was simply the latest in a series of armed confrontations, precipitated by the continuing attacks perpetrated by Hamas and other terrorist organisations against Israel. After previous periods of intense fighting (including in 2009 and 2012), Hamas agreed to ceasefires, each of which it later breached, leading to Israel’s resumption of responsive military action to defend its population from attacks. Hamas’s attacks leading up to the 2014 Gaza Conflict were thus part of a larger, ongoing armed conflict. But even if one were not to consider the 2014 Gaza Conflict part of a continuous armed conflict justifying Israel’s use of force both previously and during this time, Hamas’s armed attacks against Israel in 2014 would independently qualify as an armed attack triggering Israel’s inherent right of self-defence.