Bibas Hostage Travesty Manipulated For Propaganda In South Africa

The notorious handover of deceased Israeli infants Kfir Bibas (kidnapped at 9 months old) and Ariel Bibas (kidnapped at 4 years old) in coffins in front of jeering Palestinian crowds in Khan Younis has not been perceived in any reasonable or empathetic way by Gift Of The Givers (South African Islamic Charity), Voice of Cape FM (South African Islamic Radio Station) and South African Jews For A Free Palestine (South African Anti Zionism Group).

The United Nations issued condemnatory statements about the public coffin ceremony. “I can tell you that the Secretary-General condemns the parading of bodies and displaying of the coffins of the deceased hostages in the manner seen this morning, which is abhorrent and appalling.” Hamas was told to “respect the remains of the dead and return them to their relatives, consistent with applicable obligations under international humanitarian law and human rights law.”

Gift Of The Givers however inflamed the issue locally as a “Must Watch” video on Facebook as “The blood of the #Bibas Family is on the Israeli army’s hands, just like the genocide on Gaza is!”

Voice of The Cape FM reposted the Hamas press release verbatim agreeing that “The Zionist enemy army killed its prisoners by bombing their detention centers and the Nazi occupation government bears full responsibility after repeatedly obstructing the exchange agreement.”

SAJFP continued to publish inflammatory statements on X about the public hostage handover ceremonies. Their social media posts include statements like “The fucking audacity of Israhell complaining about the poor health of the 3 hostages. Sheer fucking audacity” and “Israel, stop killing children! Stop the killing stop the hate” above images of Shiri Bibas and her children.

According to Israeli forensics, the Bibas infants were strangled to death by hand in Gaza. They were then attacked with stones in order to cover up strangulation as the initial cause of death.

The Applicable Principles of International Law

In order to solve this horrific issue, leading military law writer Michael Schmitt initially published that Hamas had no international law right to launch Operation Al-Aqsa Flood. He argued that Israel was entirely within its rights to mount Operation Swords of Iron and the hostilities are best classified as a non-international armed conflict.

Secondly, according to the ICRC’s legal database, state practice has already established the prohibition of hostage-taking as a norm of customary international law in both international and non-international armed conflicts.

Thirdly, according to the ICRC’s legal database, hostage-taking is also prohibited under international law treaties namely Common Article 3 of the Geneva Conventions as well as the Fourth Geneva Convention. The prohibition of hostage-taking is recognized as a fundamental guarantee for civilians. 

Fourthly, the United Nations Commission For Human Rights has stated that hostage-taking, wherever and by whoever is committed, is an illegal act aimed at the destruction of human rights and is never justifiable.

The Definition of Hostage-Taking

According to the ICRC’s legal database, the International Convention Against the Taking of Hostages defines hostage-taking as the seizure or detention of a person, combined with threatening to kill, to injure, or to continue to detain the hostage, in order to compel a third party to do or to abstain from doing any act as an explicit or implicit condition for the release of the hostage.

Basem Naim, a member of Hamas notably admitted that “Any talks with the enemy through mediators regarding any upcoming steps are conditional on the release of the 620 Palestinian prisoners agreed upon in exchange for the four bodies and the six Israeli captives who were freed on Saturday.” Such a statement blatantly indicates illegal hostage-taking practices.

Hostage Taking On The Spectrum Between Babies And Trained Soldiers

According to the ICRC’s legal database, Common Article 3 of the Geneva Conventions, the Rome Statute of the International Criminal Court and the International Convention Against the Taking of Hostages do not limit the offense to the taking of civilians but apply it to the taking of any person.

In this regard, one might also recall the released female IDF surveillance soldiers from the Nahal Oz military base who Hamas took hostage on October 7. If trained soldiers may not legally be held as hostages, how can one even begin to believe that it is a reasonable military strategy to kidnap babies? It is absurd.

Liability For War Crimes

Article 8 of the Rome Statute of the ICC is particularly relevant to the Bibas family as the circumstances of the public coffin ceremony could attract international liability for war crimes. 

In the case of a non-international armed conflict the following practices are prohibited:

Violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture.

Committing outrages upon personal dignity, in particular humiliating and degrading treatment.

Taking of hostages.

The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.

Conclusion

Hamas has blatantly broken principles and provisions of International Law by participating in an undignified and unjustifiable real-life horror show and such conduct could attract liability for prosecution at the International Criminal Court.

Old blood libels against the Jewish people continue to be reinvented and reinvigorated through creative hatred as Israel’s Prime Minister Benjamin Netanyahu was even portrayed as a bloodthirsty vampire at the coffin ceremony. This same creative hatred spills into South Africa and its effects are extremely painful.

Inter-generational jihad and martyrdom will lead to even more destruction and loss of life in Gaza as per my prediction. Let’s not forget the real monsters of October 7 who hosted the coffin ceremony in front of Gaza’s children without any age restriction.