Thursday, September 21, 2023
Elder of Ziyon
Rafat Omar Ahmad Khamayseh, 15, was shot by Israeli special forces while leaving his grandfather’s house in Jenin refugee camp around 7:30 p.m. on September 19, according to documentation collected by Defense for Children International - Palestine. As he left the house, Rafat saw Israeli special forces exiting three Palestinian licensed cars and surround the home of the father of a Palestinian man wanted for arrest. Rafat fled, yelling, “Special forces! Special forces!” One Israeli soldier chased Rafat and shot him in the abdomen from a distance of 10 meters (33 feet).
While nearly all of the reports on the Jenin incident identify Khamayseh as being 22 years old, photos indicate that he probably really was 15.
And that he was not exactly an innocent child.
Yet even if we take DCI-P at their word that all he was doing was warning terrorists that the IDF was there, that makes him legally a militant and a legitimate military target.
The US Department of Defense Law of War Manual (revised July 2023) says that a civilian is considered to be taking a direct part in hostilities when he or she is "acting as a guide or lookout for combatants conducting military operations."
The ICRC agrees. In its document "Interpretive Guidance on the Notion of Direct Participation in Hostilities Under International Humanitarian Law" it says, "a person serving as one of several lookouts during an ambush would certainly be taking a direct part in hostilities although his contribution may not be indispensable to the causation of harm."
This is exactly what DCI-P is admitting that Khamayseh was doing. His warning endangered the Israeli forces and therefore he became a combatant and legitimate target, no matter what his age.
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