Mosab’s father, the cofounder of Hamas, has been in prison since Oct 19 2023. Mosab, the son aka “The Green Prince” switched sides, left Hamas, spied for Israel for 10 years, converted from Islam to Christianity, and cut all contact with his father as he escaped to the West, running for his life, and changed his legal name. His father, Hassan Yousef, remains living in Area C and is known as an original cofounder of Hamas. The IDF imprisoned him on October 19, 2023 as a direct response to the battle Hamas initiated against Israel on Oct 7, 2023.
This custom of imprisoning national enemies without charges is controversial, to say the least.
To analyze this situation, it would be reasonable to keep some facts in mind:
- Hamas is involved in irregular warfare with the State of Israel;
- Hamas launches all its attacks from territory which has not been annexed by Israel;
- israel has no civil judicial and police systems in non-annexed areas, at least not in regards to Arab people;
- Military courts rule in non-annexed areas such as Gaza and Areas A, B, and C.
- Civil rule in Gaza, and Areas A, B, and C, is handled by Arab elections and governments, with limited if any cooperation with Israel, where any cooperation exists at all;
- Asymmetrical warfare calls for asymmetrical responses, arguably;
- In Areas A, B, and C, Arabs live under civil rule from the Fatah Party, aka Palestinian Liberation Organization terror group, which promised to hold elections every four years, but no elections since 2006; Military occupation from the Israeli Defense Force has been consistently in place since 1967.
- In Gaza, Arabs live under divided civil rule from the United Nations, along with the Hamas party aka Hamas terrorism organization, which has not had elections since 2007. Military occupation from the Israeli Defense force ended in 2005 but was restored in 2023.
Under these conditions of fact, it is true that:
Arab residents of non-annexed areas are not under Israeli civil law, but IDF military law, and thus are afforded human rights under military law and rules of conflict, rather than under Israeli civil law.
Using another conflict as an example, let’s have a multiple choice question:
When a Syrian is caught planting a bomb to kill British troops in Damascus, is that Syrian afforded legal civil rights under—
A. British law;
B. Syrian law;
C. Military rules of conflict;
With the above facts in mind, given that this cofounder of Hamas lives in non-annexed territory, in a military conflict zone, it is entirely reasonable that he would be imprisoned without charges by the Israeli military since October 2023, since the organization that Hassan Yousef founded launched a new kinetic war during that time. Imprisoning Yousef ensured that he would not be able to communicate and issue commands during the time of his incarceration.
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Source: https://www.timesofisrael.com/hamas-co-founder-in-west-bank-released-without-charge-after-2-5-years-in-israeli-jail/