Hostages in Gaza: What Does International Law Say?
Hostage-taking is the enforced sequestration of persons as a means of pressuring a government. It is prohibited under international law. The most famous recent instance was the sequestration of diplomats of the United States 1979-1981 in Iran.
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Hostage-taking is the enforced sequestration of persons as a means of pressuring a government. It is prohibited under international law. The most famous recent instance was the sequestration of diplomats of the United States 1979-1981 in Iran.
But whether diplomats or not, hostage-taking is unlawful. Hamas is bound by the laws of warfare, which protect civilians. From Hamas’ vantage point, the hostage-taking is justified by the widespread incarceration of Palestinians by Israel. Israel arrests and holds large numbers, some under a procedure that does not require that the person be charged with a particular crime.
Hostages must be treated humanely pending their release. They are not to be made the objects of ridicule, or be used in a public way to promote the interests of those holding them. The release of hostages may require negotiation and compromise. Those held in Iran beginning in late 1979 were released only in early 1981.
Hostage-taking brings into play the rights of the states of nationality of the persons held. Those states have a legitimate basis for demanding release. The situation is more complex when the hostages hold more than one nationality, but not fundamentally different. Any of the states whose nationality a person holds can ask that the person’s rights be respected.
Read more on Politics Today: Hostages in Gaza: What Does International Law Say?
[Politics Today, October 18, 2023]
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