What Hamas is doing makes no difference as to whether Israel commits war crimes, which it certainly does. By the way, Hamas also commits war crimes.
No you are absolutely incorrect and this is because you do not understand what standard of proof is required to prove Israel has commited a war crime. I can try explain but I doubt you will read my explanation.
At this time the basis being claimed for genocide against Israel comes from Amnesty International which relies on INDIRECT circumstantial evidence but not direct evidence.to infer genocide However to be able to infer npt just genocide or any war crime in law you must still be able to prove that the
only reasonable inference that can be drawn from Israel’s military conduct in Gaza.is genocide.
SImply assuming because Gaza civilians die which is what Amnesty is doing by itself proves war crimes and/or genocide is NOT sufficient legal evidence.
To successfully argue there is genocide or war crimes by inference the accuser must show there was/is no other purpose in Gaza for the IDF to have done and do what it does other than to wipe out Palestinians. Yoiu mjust prove there is NO OTHER reasonable explanation for what the IDF does.
To do that the ICC accusers and Amnesty have deliberately ignored what Hamas has done and is still doing that is directly related to why the IDF does what it does. The ICC accusers and Amnesty engage in this exclusion because of their political bias which incorrectly omits considering Hamas' role and instead simply isolates what the IDF does or has done in a vacuum with no consideration of Hamas interrelated actions.
That is akin to saying if a man points a loaded gun at your head and younshoot him with your gun, the Judge excludes any consideration of the gun pointed at your head as the reason you pulled your gun and shot him-the Judge just asks-did you pull a gun and shoot, and if the answer is yes you are guilty of a crime.
Now legal determination does not do that It looks at the entire chain of events. It doesn't politically isolate and select only certain portions of the event to determine a crime.
This slective bias of considering IDF actions in the absence of inter-related Hamas actions prevents the proper legal analysis required to determine any criminality.
I repeat again criminal legal analysis and the definition of both genocide and war crime does not operate in a vacuum-the analysis considers the full extent, cause, intent and nature of a crime. It has to look at the entire chain of events and sequences and break them down one step at a time when considering the elements required to prove a crime.
For all those reasons your comments are legally incorrect.