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I. Treaties
Geneva Convention I
Article 19, second paragraph, of the 1949 Geneva Convention I provides:
The responsible authorities shall ensure that [fixed establishments and mobile medical units] are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety.
Geneva Convention III
Article 23, first paragraph, of the 1949 Geneva Convention III provides:
No prisoner of war may at any time be sent to, or detained in areas where he may be exposed to the fire of the combat zone, nor may his presence be used to render certain points or areas immune from military operations.
Geneva Convention IV
Article 28 of the 1949 Geneva Convention IV provides: “The presence of a protected person may not be used to render certain points or areas immune from military operations.”
Additional Protocol I
Article 12(4) of the 1977 Additional Protocol I provides:
Under no circumstances shall medical units be used in an attempt to shield military objectives from attack. Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against military objectives do not imperil their safety.
Article 51(7) of the 1977 Additional Protocol I provides:
The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.
ICC Statute
Pursuant to Article 8(2)(b)(xxiii) of the 1998 ICC Statute, “tilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations” constitutes a war crime in international armed conflicts.
Wonder if Hamas ever read this?