International humanitarian law forbids using civilians to shield military objectives from attack. In that light, hospitals have special protection, but it is not unconditional. They lose their protection when they are used to commit “acts harmful to the enemy,” such as housing fighters, weapons, or a command post.[i]
When a party embeds its military operations inside protected civilian sites, it bears primary responsibility for the resulting danger to civilians, and the presence of human shields reshapes how any strike must be judged.
Hamas deliberately converted the civilian population into a defensive asset by constructing a subterranean tunnel network exceeding 350 miles under Gazan cities, with entrances intentionally placed under hospitals, schools, mosques, and even children’s bedrooms, knowing those civilian and protected sites significantly constrain IDF operations.[ii] [iii] [iv]
Hamas has also explicitly confirmed its use of human shields.
In an October 2023 interview, when asked why Hamas dug a massive tunnel network under Gaza, yet built no shelters for the civilian population, senior Hamas member Mousa Abu Marzouk answered plainly that the tunnels exist to protect Hamas fighters. “We have built the tunnels because we have no other way of protecting ourselves from being targeted and killed,” he said. “We are fighting from inside the tunnels.” Protecting Gaza’s civilians, he added, was not Hamas’s responsibility but that of the UN and Israel.[v] Hamas not only actively put Palestinians in harm’s way, but it also dissuaded or stopped them from evacuating or seeking safety.[vi]
The Case of Gaza’s Largest Hospital
Gaza’s largest hospital, Al-Shifa, became the test case. Israel and the U.S. asserted that Hamas used the hospital for military purposes atop a tunnel network, and in November 2023, the IDF released footage of a fortified tunnel beneath the compound.[vii]
A New York Times investigation reported that Hamas used the hospital for cover, stored weapons in it, and maintained a hardened tunnel beneath it, supplied with power, water, and air-conditioning.[viii] The Israeli daily Haaretz also concluded the hospital had been put to military use.[ix] This was just one of several instances of Hamas’s use of hospitals and other civilian infrastructure for terror purposes.[x]
When Hamas deliberately fights from within civilian infrastructure, civilian casualties are the intended result, not proof of Israel’s genocidal purpose. Proportionality under the laws of war is assessed against the military advantage of a target and the presence of shields; it is not a simple casualty count. A high civilian toll in these conditions is consistent with a lawful war against an enemy that has made civilians its shield. It is not, alone, evidence of intent to destroy a people.
Hamas’ strategy, built on human shields, is designed to produce exactly the images of civilian casualties that fuel the GenoLIE.
Recognizing the strategy is the first step to reading those images honestly and understanding that the Palestinians need to be freed – from Hamas.
The “Gaza Genocide” is one of the biggest lies of the 21st century. It was generated and promoted by anti-Zionist and antisemitic networks following the October 7 Massacre to prevent Israel from saving its hostages, delegitimize the Jewish state, and fuel global antisemitism.
Read the next piece to learn more on the Gaza GenoLIE puzzle.
[i]ICRC, International Humanitarian Law Database, https://ihl-databases.icrc.org/en/customary-ihl/v1/rule28#Fn_2E87616B_00035
[ii] John Spencer, Middle East Forum, https://www.meforum.org/podcasts/john-spencer-on-israels-urban-war-in-gaza-a-technical-analysis
[iii]Sydney Morning Herald, “Booby traps, mines: Hamas’ tunnel network under Gaza helps in a war,” October 14, 2023, https://archive.is/i4FJB#selection-2817.0-2817.67 (archived)
[iv]IDF, “Hamas’ Use of Human Shields,” https://www.idf.il/en/mini-sites/hamas-use-of-human-shields/
[v] “Top Hamas official declares group is not responsible for defending Gazan civilians,” Times of Israel, October 31, 2023, https://www.timesofisrael.com/top-hamas-official-claims-group-is-not-responsible-for-defending-gazan-civilians/
[vi] FDD, The Dangerous Failure to Hold Hamas Accountable for Using Human Shields,” May 7 2026, https://www.fdd.org/analysis/2026/05/07/the-dangerous-failure-to-hold-hamas-accountable-for-using-human-shields/
[vii]The Guardian, “IDF publishes footage of what it says is Hamas tunnel at al-Shifa hospital,” November 19, 2023, https://www.theguardian.com/world/2023/nov/19/idf-israel-army-footage-claims-hamas-tunnel-al-shifa-hospital-gaza
[viii]New York Times investigation into Al-Shifa, February 2024, https://www.nytimes.com/interactive/2024/02/12/world/middleeast/gaza-tunnel-israel-hamas.html
[ix]Haaretz, “Videos Show Exact Path of Hamas Tunnels Under Gaza’s Al-Shifa Hospital,” November 23, 2023, https://www.haaretz.com/israel-news/security-aviation/2023-11-23/ty-article-magazine/gaza-israel-war-videos-path-hamas-tunnels-al-shifa-hospital/0000018b-fc69-d330-a9bb-ffff49790000
[x] The Henry Jackson Society, Andrew Fox and Salo Aizenberg, “Hamas’s Human Shield Strategy in Gaza,” April 2025, https://henryjacksonsociety.org/wp-content/uploads/2025/05/HJS-Hamass-Human-Shield-Strategy-in-Gaza-Report-WEB.pdf