Hamas:

• HRW on Laws-of-War Violations 2009

• Agency Demands Full Respect for the Sanctity of Its Premises in Gaza - July 2014

• HRW - Palestinian Armed Groups’ October 7 Assault on Israel

Intentionally utilizing the presence of civilians or other protected persons to render certain areas immune from military attack is prohibited under international law. Amnesty International was not able to establish whether or not the fighters’ presence in the camps was intended to shield themselves from military attacks. However, under international humanitarian law, even if one party uses “human shields”, or is otherwise unlawfully endangering civilians, this does not absolve the opposing party from complying with its obligations to distinguish between military objectives and civilians or civilian objects, to refrain from carrying out indiscriminate or disproportionate attacks, and to take all feasible precautions to spare civilians and civilian objects.

Israel:

• Israel/OPT: Israeli attacks targeting Hamas and other armed group fighters that killed scores of displaced civilians in Rafah should be investigated as war crimes

• HRW - Gaza: Unlawful Israeli Hospital Strikes Worsen Health Crisis

Additionally, there is extensive independent verification of Israel using Palestinians as Human Shields:

• IDF uses Human Shields,

• Including Children (2013 Report)

• Israel “Systematically” Uses Gaza Children as Human Shields, Rights Group Finds 2024

• Breaking The Silence - Testimonies from IDF Veterans

Israel deliberately targets civilian areas. From in general with the Dahiya Doctrine to multiple systems deployed in Gaza to do so:

• The Dahiya Doctrine & Israel’s Use of Disproportionate Force

• ‘A mass assassination factory’: Inside Israel’s calculated bombing of Gaza

• Lavender

• Where’s Daddy

Israel also targets Israeli Soldiers and Civilians to prevent them being leveraged as hostages, known as the Hannibal Directive. Which was also used on Oct 7th.

Israel does justify the settlements and military bases in the West Bank in the name of Security. However, the reality of the settlements on-the-ground has been the cause of violent resistance and a significant obstacle to peace, as it has been for decades.

This type of settlement, where the native population gets ‘Transferred’ to make room for the settlers, is a long standing practice.

• See: The Concept of Transfer 1882-1948, the Transfer Committee, and the JNF which led to Forced Displacement of 100,000 Palestinians throughout the mandate before the Nakba

The mass ethnic cleansing campaign of 1948:

• Plan Dalet
• Declassified Massacres of 1948
• Details of Plan C (May 1946) and Plan D (March 1948) .

Further, declassified Israeli documents show that the Occupation of the West Bank and Gaza Strip were deliberately planned before being executed in 1967:

• Haaretz, Forward

While the peace process was exploited to continue de-facto annexation of the West Bank via Settlements

• (Oslo Accord Sources: MEE, NYT, Haaretz, AJ).

The settlements are maintained through a violent apartheid that routinely employs violence towards Palestinians and denies human rights like water access, civil rights, etc. This kind of control gives rise to violent resistance to the Apartheid occupation, jeopardizing the safety of Israeli civilians.

State violence – official and otherwise – is part and parcel of Israel’s apartheid regime, which aims to create a Jewish-only space between the Jordan River and the Mediterranean Sea. The regime treats land as a resource designed to serve the Jewish public, and accordingly uses it almost exclusively to develop and expand existing Jewish residential communities and to build new ones. At the same time, the regime fragments Palestinian space, dispossesses Palestinians of their land and relegates them to living in small, over-populated enclaves.

The apartheid regime is based on organized, systemic violence against Palestinians, which is carried out by numerous agents: the government, the military, the Civil Administration, the Supreme Court, the Israel Police, the Israel Security Agency, the Israel Prison Service, the Israel Nature and Parks Authority, and others. Settlers are another item on this list, and the state incorporates their violence into its own official acts of violence. Settler violence sometimes precedes instances of official violence by Israeli authorities, and at other times is incorporated into them. Like state violence, settler violence is organized, institutionalized, well-equipped and implemented in order to achieve a defined strategic goal.

• https://m.btselem.org/settler_violence

The settlements represent land-grabbing, and land-grabbing and peace-making don’t go together, it is one or the other. By its actions, if not always in its rhetoric, Israel has opted for land-grabbing and as we speak Israel is expanding settlements. So, Israel has been systematically destroying the basis for a viable Palestinian state and this is the declared objective of the Likud and Netanyahu who used to pretend to accept a two-state solution. In the lead up to the last election, he said there will be no Palestinian state on his watch. The expansion of settlements and the wall mean that there cannot be a viable Palestinian state with territorial contiguity. The most that the Palestinians can hope for is Bantustans, a series of enclaves surrounded by Israeli settlements and Israeli military bases.

• Avi Shlaim

How Avi Shlaim moved from two-state solution to one-state solution

‘One state is a game changer’: A conversation with Ilan Pappe

One State Solution, Foreign Affairs

Both Hamas and Fatah have agreed to a Two-State solution based on the 1967 borders for decades. Oslo and Camp David were used by Israel to continue settlements in the West Bank and maintain an Apartheid, while preventing any actual Two-State solution

Zionism is a settler colonialism project that was able to really start with the support of British Imperialism. Zionism as a political movement started with Theodore Herzl in the 1880s as a ‘modern’ way to ‘solve’ the ‘Jewish Question’ of Europe.

Since at least the 1860’s, Europe was increasingly antisemitic and hostile to Jewish people. Zionism was explicitly a Setter Colonialist movement and the native Palestinians were not considered People but Savages by the Europeans. While Zionist Colonization began before it, the Balfor Declaration is when Britain gave it’s backing of the movement in order to ‘solve’ the ‘Jewish Question’ while also creating a Colony in the newly conquered Middle East after WWI in order to exhibit military force in the region and extract natural resources.

That’s when Zionist immigration started to pick up, out of necessity for most as Europe became more hostile and antisemitic. That continued into and during WWII, European countries and even the US refused to expand immigration quotas for Jewish people seeking asylum. The idea that the creation of Israel is a reparation for Jewish people is an after-the-fact justification. While most Jewish immigrants had no choice and just wanted a place to live in peace, it was the Zionist Leadership that developed and implemented the forced transfer, ethnic cleansing, of the native population, Palestinians. Without any Occupation, Apartheid, and ethnic cleansing, there would not be any Palestinian resistance to it.

Herzl himself explicitly considered Zionism a Settler Colonialist project, Setter Colonialism is always violent. The difficulty in creating a democratic Jewish state in an area inhabited by people who are not Jewish, is that enough Palestinian people need to be ‘Transferred’ to have a demographic majority that is Jewish. Ben-Gurion explicitly rejected Secular Bi-national state solutions in favor of partition.

Zionism’s aims in Palestine, its deeply-held conviction that the Land of Israel belonged exclusively to the Jewish people as a whole, and the idea of Palestine’s “civilizational barrenness" or “emptiness” against the background of European imperialist ideologies all converged in the logical conclusion that the native population should make way for thenewcomers.

The idea that the Palestinian Arabs must find a place for themselves elsewhere was articulated early on. Indeed, the founder of the movement, Theodor Herzl, provided an early reference to transfer even before he formally outlined his theory of Zionist rebirth in his Judenstat.

An 1895 entry in his diary provides in embryonic form many of the elements that were to be demonstrated repeatedly in the Zionist quest for solutions to the “Arab problem ”-the idea of dealing with state governments over the heads of the indigenous population, Jewish acquisition of property that would be inalienable, “Hebrew Land" and “Hebrew Labor,” and the removal of the native population.

Israel justifies the settlements and military bases in the West Bank in the name of Security. However, the reality of the settlements on-the-ground has been the cause of violent resistance and a significant obstacle to peace, as it has been for decades.

This type of settlement, where the native population gets ‘Transferred’ to make room for the settlers, is a long standing practice.

• The Transfer Committee, and the JNF Ethnic Cleansing, which led to Forced Displacement of 100,000 Palestinians throughout the mandate before the Nakba

The mass ethnic cleansing campaign of 1948:

• Plan Dalet
• Declassified Massacres of 1948
• Details of Plan C (May 1946) and Plan D (March 1948) .

Further, declassified Israeli documents show that the Occupation of the West Bank and Gaza Strip were deliberately planned before being executed in 1967:

• Haaretz, Forward

While the peace process was exploited to continue de-facto annexation of the West Bank via Settlements

• (Oslo Accord Sources: MEE, NYT, Haaretz, AJ).

The settlements are maintained through a violent apartheid that routinely employs violence towards Palestinians and denies human rights like water access, civil rights, etc. This kind of control gives rise to violent resistance to the Apartheid occupation, jeopardizing the safety of Israeli civilians.

State violence – official and otherwise – is part and parcel of Israel’s apartheid regime, which aims to create a Jewish-only space between the Jordan River and the Mediterranean Sea. The regime treats land as a resource designed to serve the Jewish public, and accordingly uses it almost exclusively to develop and expand existing Jewish residential communities and to build new ones. At the same time, the regime fragments Palestinian space, dispossesses Palestinians of their land and relegates them to living in small, over-populated enclaves.

The apartheid regime is based on organized, systemic violence against Palestinians, which is carried out by numerous agents: the government, the military, the Civil Administration, the Supreme Court, the Israel Police, the Israel Security Agency, the Israel Prison Service, the Israel Nature and Parks Authority, and others. Settlers are another item on this list, and the state incorporates their violence into its own official acts of violence. Settler violence sometimes precedes instances of official violence by Israeli authorities, and at other times is incorporated into them. Like state violence, settler violence is organized, institutionalized, well-equipped and implemented in order to achieve a defined strategic goal.

• https://m.btselem.org/settler_violence

• Palestine: A Four Thousand Year History - Nur Masalha

• The Concept of Transfer 1882-1948 - Nur Masalha

• A History of Modern Palestine - Ilan Pappe

• The Hundred Years’ War on Palestine - Rashid Khalidi

• The Ethnic Cleansing of Palestine - Ilan Pappe

• The 1967 Arab-Israeli War: Origins and Consequences - Avi Shlaim

• The Biggest Prison on Earth: A History of the Occupied Territories - Ilan Pappe

• The Gaza Strip: The Political Economy of De-development - Sara Roy

• 10 Myths About Israel - Ilan Pappe (summery)