Quanttek

I know this is not the point of the article but why would you take a flight from Geneva to Zurich? It's less than 3h by train, which if you count the time it takes to get to Geneva airport and go through security, probably becomes a much smaller difference.

And for that, you're emitting ~100kg of CO2 [1]

Speaking of "armchair international law experts", this is completely wrong.

BLUF: Failing to distinguish does not deprive you of fundamental guarantees of humane treatment, including the prohibition of torture and summary execution - both of which are war crimes.

The individual obligation to distinguish is linked to Prisoner of War (POW) status - those who do not distinguish, do not get the protections of that status. That is the only consequence of the failure to distinguish. All those persons who are not POWs are automatically civilians, as made clear by the residual clause in Article 4(4) Fourth Geneva Convention (GC IV). While civilians can be interned for "imperative reasons of security", they are entitled to their own detailed treatment obligations (Articles 79-135 GC IV). In any case, even if they are somehow not entitled to that treatment, the fundamental humane treatment guarantees of Art 27 GC IV [1] and Art 75 Additional Protocol I [2] (which, as customary law, applies to all parties to a conflict) nonetheless apply. If we argue that it is a non-international armed conflict (which knows neither POW status nor the obligation to distinguish), Common Article 3 [3] similarly obligates humane treatment. Humane treatment is also a norm under customary law [4].

Under these rules, you cannot torture people and you cannot summarily execute people [4]. Read the provisions yourself. In fact, summary execution and torture are actual war crimes [5]. If you want to punish a person, you need to give them a fair trial (IHL does not prohibit the death penalty).

You seem to be hinting at the Bush-era "illegal enemy combatant" theory but even the Bush Admin never argued that those persons are not entitled to humane treatment (it was mostly about fair trial rights), and the US (as its lone defender) has long since abandoned the position.

Whether Hamas is actually subject to such an obligation to distinguish is highly controversial. On one level is the issue of conflict classification, since POW status and the obligation to distinguish only exist in the law of international armed conflict (IAC). If we accept that there is an IAC (e.g. because of the military occupation), then the question still arises if Hamas somehow "belongs" to the State of Palestine or if they should just be seen as civilians directly participating in hostilities or as being in a parallel non-international armed conflict between Hamas and Israel. In turn, if we accept that there is an obligation to distinguish applicable to Hamas, then Israel also needs to treat Hamas fighters that distinguished as POWs (and, as set out above, if they failed to distinguish, as civilians).

IHL actually prohibits the killing of persons who are not combatants or "fighters" of an armed group. Only those who have the "continuous function" to "directly participate in hostilities"[1] may be targeted for attack at any time. Everyone else is a civilian that can only be directly targeted when and for as long as they directly participate in hostilities, such as by taking up arms, planning military operations, laying down mines, etc.

That is, only members of the armed wing of Hamas (not recruiters, weapon manufacturers, propagandists, financiers, …) can be targeted for attack - all the others must be arrested and/or tried. Otherwise, the allowed list of targets of civilians gets so wide than in any regular war, pretty much any civilian could get targeted, such as the bank employee whose company has provided loans to the armed forces.

Lavender is so scary because it enables Israel's mass targeting of people who are protected against attack by international law, providing a flimsy (political but not legal) justification for their association with terrorists.