The Gazan Civilian’s Right NOT to be Used as a Human Shield: Why Palestinian Statecraft & Peace Should Start with Protecting Palestinian Civilians from Hamas

“Israel has a right to exist”.

“Palestinians have a right to a state in the 1967 borders”.

"Israel has a right to defend herself."

“Palestinians have a right to resist…”

These are narratives we hear each day in the media. However, we never hear of individual Palestinian or Israeli citizens’ rights. All we hear are accusations and counteraccusations. An Israeli prime minister’s name is mentioned over and over again. However, we never hear of the rights of the individual Palestinian or Israeli. No one ever hears about the hairdresser, factory worker, teacher, housewife, mechanic, or bus driver in Gaza, Israel, or any Palestinian territory.

Palestinians as Individuals & The Constant Fear of Being Executed as a Collaborator

Yahya Sinwar and most of the Hamas leaders repeatedly say in interviews, "I pray each day to die as a martyr."[1][2].

In an era where assisted suicide is being considered a human right and civil liberty in many liberal democracies, Hamas leaders are free to choose how they die.

We all have fresh memories of how wounded Yahya Sinwar threw a stick at an Israeli drone from an armchair in a bombed-out room seconds before he was executed. According to what his colleagues have repeatedly said in interviews, this is the death he had dreamt of. Thus, it is an exercise of his prerogative.

However, is this what every Gazan civilian wants?

That is difficult to determine.

Since Hamas took over the Gaza Strip, they have fought four wars with Israel. War with Israel is the mission and vision of Hamas. And on each occasion, they round up and execute Gazan civilians on charges of collaborating with Israel.

In the current war, Hamas has executed Gazan civilians for looting aid. Some of the videos of such executions are too gruesome to show on public platforms.

However, they always feature cheers and shouts with people happily recording such barbaric executions, which sometimes start by shooting the blindfolded accused person in the calf or leg. As they struggle on the ground, other forms of torture are done to them before they are finally killed.

While this could be written off as isolated incidents, the toll on Gazans is immeasurable.

First, Hamas' terror in Gaza means every Gazan is scared to raise any objections to Hamas, especially in wartime, where their militants are trigger-happy.

Secondly, an execution brings shame to families whose members are killed for collaborating with Israel. There have been incidents where family members murdered their relatives to prove their family had nothing to do with the acts they were accused of.

Thus, no one in Gaza can exercise free will in pursuit of security during Hamas' wars.

The Use of Gazan Civilians as Human Shields

Hamas cannot fight a year-long war against Israel's state military unless they have the cover of Gazan civilians.

If Gazan civilians are evacuated into Egypt, Hamas will be totally decimated. Therefore, it is clear that Hamas needs the civilians to stand in their way to perpetrate their agenda.

Human as we are, we respond to stimuli. Every human being is born with the instinct to survive and live.

For Hamas to subject all Gazans to a murderous war where they hide behind civilians and consider their death a sacrifice, they had to indoctrinate the people and force them to accept the fate of dying as a martyr.

This is against the principles of liberty and freedom.

Any country that believes in freedom, democracy, and human liberty must stand up against Hamas’ Policy.

Why Gazan Civilians’ Right to Life is Not Protected?

The anti-Israel bias has caused Israel to be held unilaterally accountable for every wrong that occurs in the region. No one ever thinks of Hamas as capable of doing any wrong. The one-sided tirade against Israel means Israel is the sole accused in the entire war.

It is so prevalent that we have seen high-ranking figures like the UN Secretary-General and prominent leaders piling the blame on Israel. Hence, they have no energy or will to examine the facts critically.

The tradition of demanding a Palestinian state from Israel – and not from Palestinians’ exercise of the right to self-determination contributes to the problem.

For all these years, Israel has been cast as an obstacle to peace.

Recently, when Bill Clinton, who brokered the Oslo Accords, which led to the establishment of the Palestinian Authority (PA), stated that Arafat lied and failed to do what he promised, the world was in shock.

Why?

It was all because we are not used to holding Palestinians accountable or demanding them to do anything responsible.

We just assume they are victims, and they will always be victims.

However, if the international community rises to demand protection from the use of Gazans and Palestinians as human shields, things will change.

Iran’s religious leader said the Islamic world owes a Wilayah or duty of protection to the Palestinian people. He never for once mentioned the protection of Palestinians from being used as human shields by Hamas and other militias. This shows clearly that no one cares about Palestinian civilians. They are assumed to be sacrificed people in an anti-Israel drive.

Palestinian State Incubation Will Require Responsibilities from Palestinian Leaders – Including Protections from Use as Human Shields

Khaled Meshaal is on record as saying the Palestinian state process will require sacrificing many Palestinians, similar to other war zones.

Unlike the other foreign colonial entities, Israelis are in their ancestral home. They are not going anywhere. Many Israelis are from Islamic countries. They are indigenous to the region. A fifth of Israel’s population are Arabs. Therefore, any analogy of viewing Israel as a colonial entity is flawed.

Hence, the best option is for a Palestinian state or community to be incubated next to Israel or within Israel.

One undeniable fact is that there should be respect for the rights of individual Palestinians. This will require placing limits on Palestinian militias and also recognizing certain rights to individual Palestinians' safety. This is the path towards the establishment of any state, and it will have to be honored irrespective of what Israel has done or has not done.

Conclusion

Hamas leaders who choose to die in suicide missions are free to do so. However, they are not free to force Gazan civilians to endure the same consequences. As such, it is necessary to debate and formulate laws that will protect Palestinian citizens from being used as human shields. This can come from international law or some international convention. Either way, the recognition and protection of Gazans and Palestinians from being used as human shields will be important in incubating Palestinian statecraft from the bottom up. This is what has been missing in 76 years of condemning Israel. A Palestinian state induced from the top by coercing Israel will not function, especially if the citizens have no rights and armed militant groups can use them as human shields as and when they desire. Thus, the onus is on the international community to look into the recognition of the rights of Gazan civilians to be protected from being used as human shields.

[1] This has been repeated recently by Basem Naim on Al-Arabiya

[2] Nan Jacques Zilberdik. "Hamas’ abuse of kids in Gaza: “If we die, we’ll die as Martyrs” - Hamas spokesman’s young daughter" Palestinian Media Watch. Published: June 6, 2021. Available at: https://palwatch.org/page/23876