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The legal hurdle the military faces in eliminating participants in October 7

The Military Advocate General has instructed that Gazan citizens who participated in the October 7 massacre should not be eliminated, according to a Channel 12 exclusive on Tuesday. 

According to the report, the legal clause is that they are not considered Hamas terrorists. 

The report stated that the military interpretation of laws of warfare asserts that only those who belong to a combat force can be purposefully eliminated during a war. 

Kidnappers of Bibas family would not be eliminated, report claims

As such, Channel 12 affirmed that if Israel were to obtain intelligence information on Kataib Mujahadin, the terror group that kidnapped the Bibas family on October 7, the military would not be able to eliminate it since it is not regarded as a force at war with Israel. 

 A ball of fire and smoke rises during an Israeli airstrikes in the Gaza Strip, on October 9, 2023. (credit: ATIA MOHAMMED/FLASH90)
A ball of fire and smoke rises during an Israeli airstrikes in the Gaza Strip, on October 9, 2023. (credit: ATIA MOHAMMED/FLASH90)

Channel 12 claimed that more than five military sources have noted that such incidents have occurred in the past. 

Channel 12 cited the IDF Spokesperson’s response to the report as stating,  “The policy is to act against all participants in the massacre, regardless of their membership in a terrorist organization. To this end, an orderly operational process is carried out in accordance with international law. The IDF does not recognize an incident in which it was possible to attack a terrorist who participated and this was not done.”

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