I'd also be very curious at the ICCs classification of a civilian (dressed) mob cheering for the murderers and rapists of 22 year old girls like Shani Louk paraded through Gaza.
Look at Iran, a sworn enemy of Israel where students refuse to step on American flags put in front of doors and cheer for the death of the Butcher of Tehran and their own citizens abroad parade with both Iranian and Israeli flags... - not the picture we see in Gaza.
> I'd also be very curious at the ICCs classification of a civilian (dressed) mob cheering for the murderers and rapists of 22 year old girls like Shani Louk paraded through Gaza.
Still civilians, obviously. Cheering something does not make you lose civilian status. Only actively engaging in combat in some capacity does.
Then I guess the question is: what constitutes combat. There were many people who streamed over the fence with Hamas, is invasion engaging in active combat? There were many people who spit on, hit, or otherwise assaulted the kidnapped civilians, is that actively engaging in combat? The ones who were freed said they were kept in civilian homes, does jailing civilians against their will count as actively engaging in combat? IDF soldiers report many children and women acting as spotters for Hamas, is that active combat?
I think the answer to all these questions entirely depends on which side of the conflict you support, those who see Palestinians as hapless victims who have been abused by the evil Jews will say of course none of this is combat and attacking those innocent people is the highest war crime; on the other hand those who see Jews just trying to live in peace in their homeland being attacked by bedeviled Palestinians will argue that assisting soldiers in war makes you an active combatant, and thus a legitimate (though possibly regrettable) military target.
> Then I guess the question is: what constitutes combat.
There are international laws that define these things. Sure, some of it is a judgement call, like all laws, but those laws do exist.
I'm not a lawyer or very knowledgable about international law, but I'll try to answer to my best understanding:
> There were many people who streamed over the fence with Hamas, is invasion engaging in active combat?
Yes, if they are actively attacking civilians. If they "streamed over the fence" to rob and loot (which many did), I'm not quite sure.
> There were many people who spit on, hit, or otherwise assaulted the kidnapped civilians, is that actively engaging in combat?
Spit on? I don't think so, not if they weren't the ones who captured the kidnapped civilians and they were just "passing through" as in the infamous videos. Other forms of assault? Depends on that context.
> does jailing civilians against their will count as actively engaging in combat?
Yes, I'm fairly sure that keeping a hostage makes you an active combatant (and committing a war crime).
> IDF soldiers report many children and women acting as spotters for Hamas, is that active combat?
Yes, spotters are quite clearly combatants.
> I think the answer to all these questions entirely depends on which side of the conflict you support,
It shouldn't, really. That's what international law is for (and in general, our principles shouldn't depend on which side we support).
My main disagreement with most people, I find, is a disagreement on the base facts. Most people are ignorant of most of the base facts of what is going on in this conflict. Though yes, sometimes people do agree on the facts and interpret them differently.
