Just war, human shields, and the 2023–24 Gaza War

This article argues that the moral responsibility for the deaths of Palestinian non-combatants in the 2023–24 Gaza War rests with Hamas. Its argument is philosophical rather than legal, based on an analysis and discussion of the rules of just war theory and what these rules imply for the moral assessment of the use of human shields. One main conclusion will be that the moral responsibility for the killing of human shields in the context of morally legitimate attacks on military targets should be assigned to the side that tried to benefit from the presence of the shields in the first place. Questions concerning proportionality are still relevant, but have to be understood and resolved in relation to what is at stake in a particular war. The more extreme the war aims of an unjust attacker are, the greater is the need to prevent it from winning the war. Hence, whether or not the number of non-combatant deaths in Gaza is proportionate should not be determined by the significance of individual military targets alone but also by the prospects of allowing a genocidal enemy such as Hamas to remain in control of Gaza.