Israeli Defense Minister Israel Katz has now said something that should disturb anyone. According to The Jerusalem Post, Katz threatened to destroy what remains of Gaza City and forcibly evacuate around ONE MILLION Palestinians if Hamas takes a single Israeli hostage. Think about what is being said. One person is captured and a million people may be driven from their homes while what remains of their city is destroyed. The Jerusalem Post itself acknowledged that such a statement could make Israel’s defense against genocide and war crimes accusations at The Hague more difficult because international law requires proportionality.
This is precisely why international humanitarian law prohibits COLLECTIVE PUNISHMENT. Article 33 of the Fourth Geneva Convention states that no protected person may be punished for an offense he or she did not personally commit. Collective penalties and measures of intimidation are prohibited. This principle exists because humanity has already traveled down this road. Governments cannot punish an entire village, city, ethnic population, or civilian society because one person or armed organization committed an offense. Otherwise there is no law of war. There is merely vengeance.
There is also a serious distinction between hostage taking and the capture of an enemy combatant during warfare. Israel deems taken soldiers “hostages” rather than “prisoners of war.” The Geneva Conventions contain an entire framework governing prisoners of war and people detained during armed conflict. The ICRC makes clear that POWs and other wartime detainees are protected by international humanitarian law. Hostage taking is prohibited, but so is collective punishment.
If Hamas deliberately seizes a civilian to compel Israel to act, that can constitute hostage taking. If a combatant is captured during hostilities, the legal analysis is different and depends upon the nature of the conflict and the person’s status. Governments cannot simply erase the laws governing wartime detention by changing the vocabulary.
Consider the scale of what Katz has threatened. Gaza today contains roughly two million people. Katz threatened to extinguish roughly HALF of the entire population of Gaza. He did not say he would punish the people responsible. He threatened to destroy what remains of their city and remove approximately one million human beings.
People seem to misunderstand what genocide actually means under international law. You do not have to exterminate every member of an ethnic or national population before the word becomes legally relevant. The Genocide Convention covers acts committed with the specific intent to destroy a protected group “in whole or in part,” and international courts have interpreted that “part” as having to be substantial. Numbers matter, but so does the significance of the population being targeted and the evidence concerning intent.
Look at Srebrenica. More than 7,000 Bosnian Muslim men and boys were murdered while the wider Muslim population was forcibly removed from the enclave. International tribunals concluded that genocide had occurred even though the victims represented only a fraction of Bosnia’s entire Muslim population. The courts looked at the targeted community, the killings, the expulsions and what those actions demonstrated about the intent to destroy that community.
Article 33 of the Fourth Geneva Convention states that people cannot be punished for offenses they did not personally commit and expressly prohibits collective penalties. Article 49 prohibits mass forcible transfers from occupied territory except under narrow circumstances involving civilian security or imperative military necessity, with additional protections and an obligation to return evacuees when hostilities cease.
