Q&A: Hamas
Hamas
Question
If Hamas were to launch a surprise attack only against IDF bases and outposts, including killing/kidnapping male and female soldiers (without rape or beheading), would that be a legitimate military action? And more generally, if a soldier is standing guard in the territories, or just standing at a bus stop, is it considered a terrorist crime if an Arab from the territories/Gaza attacks him, or since he belongs to the enemy army is that legitimate, like in a normal war? (Given the current situation I’m not sure this can be answered freely… but let’s try 🙂 )
This also interests me both morally and from the standpoint of international law.
Answer
In principle, war requires a declaration, so this is contrary to the laws of war. But the justification for war as well (which they do not have) is also relevant.
Discussion on Answer
That’s international law.
I’ll add that officially we were under a ceasefire with Hamas, so any offensive action on its part was unlawful and illegitimate.
And just as a curiosity—Japan attacked the US at Pearl Harbor without a declaration of war, which was one of the justifications used by the American administration for dropping an atomic bomb on Japan (in polls conducted in the US before the bomb was dropped, about a quarter of the public thought Japan should be completely destroyed).
What is the source for the claim that war requires a declaration? Doesn’t it simply follow from the enemy’s actions? After all, one of the ways war is conducted is by surprising the enemy without declaring it in advance.