How does international law view Hamas after the Storm Al-Aqsa operation?
A terrorist organization or non-terrorist?
Hamas is an Islamic militant Palestinian movement that has engaged in numerous violent activities against Israel and Israeli security forces. Following these activities, some countries and international entities have classified Hamas as a terrorist organization. However, not all countries and governments agree with this classification.
It’s worth noting that international classifications of organizations as terrorist are based on legal and political interpretations, and they vary from one country to another. Some countries classify Hamas as a terrorist organization based on its violent activities against civilians and military forces, while other countries see the movement as part of the Palestinian national struggle against Israeli occupation.
Views on Hamas change over time and place, reflecting the complexity of the Israeli-Palestinian conflict and the difficulty of reaching comprehensive international consensus on its classifications.
Why hasn’t Hamas been classified as a terrorist organization?
The United Nations does not include Hamas in the list of individuals and groups it considers terrorist organizations, which includes both Al-Qaeda and ISIS.
However, dozens of independent United Nations experts denounced the “horrific crimes” committed by Hamas militants in their attack on Israel and criticized Israel‘s response, which they considered a form of “collective punishment” in Gaza.
The European Union: The largest donor without mediation initiatives
The European Union has been classifying Hamas as a terrorist organization since 2003, but it was removed from the list of terrorist organizations by order of the European Union’s General Court. The court stated that this was a technical step and not a reassessment of Hamas as a terrorist organization. In March 2015, the European Union decided to keep Hamas on its blacklist related to terrorism “despite the controversial court ruling,” upholding the court’s judgment. Hamas remains listed as of January 2017.
The European Union, one of the largest financial supporters of the Palestinians, plans to spend approximately 1.2 billion euros between 2021 and 2024 to fund projects for the benefit of the Palestinians, especially in the fields of education and health.
Regarding the legal measures that can be taken against the movement, lawyer and legal researcher Mohamed Adam Al-Muqrani pointed out that “Israel is unable to prove Hamas’s actions because it did not sign the Rome Statute, a choice linked to suspicions about its settlement policies. The current situation includes suspicions of using prohibited weapons such as phosphorus and cluster bombs, as stipulated by the four protocols of the Geneva Convention.”
Biden advises Israel to adhere to the laws of war
President Joe Biden has urged Israel to respect the “laws of war” in response to Hamas’s attack from Gaza, while simultaneously warning Iran against intervening in the current conflict between the Israeli entity and the Palestinian movement.
Biden, during a meeting with American Jewish representatives in the United States, said, “I told the Israeli Prime Minister (Benjamin Netanyahu) that it is indeed important for Israel to act according to the laws of war, despite all the anger and frustration it is experiencing.”
The French stance… a state’s stance and a stance within the France of Courage Party
French Foreign Minister Catherine Colonna announced that Hamas committed “atrocities akin to crimes against humanity” during its attack on Israel last week.
The French diplomatic stance does not receive unanimous support among political actors, and Jean-Luc Mélenchon clarified his position during a conference held in Bordeaux on Wednesday. He did not describe Hamas as a terrorist organization and believed it was better not to do so. Instead, he talked about “war crimes.”
Differences in views prompted French President Macron to hold an anticipated meeting on October 12 at the Elysée Palace with representatives of political parties and the heads of parliamentary councils.
Berlin… Maintains its humanitarian aid and bans Hamas activities
Germany, through its Chancellor, has decided to ban Hamas activities and affiliated organizations in Germany following their recent attacks on Israel.
Scholz stated in a speech before the parliament, “The Federal Ministry of the Interior bans Hamas from conducting any operations in Germany. An association similar to ‘Samidoun’, whose members celebrate the most brutal and heinous acts in the streets, will be banned in Germany.”
This move comes after the announcement that Israel had transferred two combat drones of the ‘Heron TP’ model to Israel for use in its response to the surprise attack by Hamas on the previous Saturday from Gaza.
