Civilian Deaths in Gaza and the Duty to Distinguish Combatants from Civilians

By David Gertner, Ph.D.

Every life lost in Gaza — whether of an innocent civilian or a combatant — is an irreparable tragedy. The death of a child, a mother, an elderly person, or a young fighter sent into battle is not simply a statistic; it is a story interrupted, a future denied. Recognizing this human weight should be the starting point of any serious discussion about the conflict.

Yet the death toll itself has become a parallel battlefield, where narratives compete for legitimacy and numbers, far from being neutral, are wielded as instruments of war.

International humanitarian law is explicit: combatants must distinguish themselves from civilians. Uniforms, symbols, and clear markings exist to protect the innocent by ensuring that combatants can be differentiated from non-combatants. When this principle is violated, the burden falls on those most vulnerable.

The Hamas Strategy

Reports from the Israel Defense Forces and international media indicate that Hamas fighters often wear civilian clothing — jeans, t-shirts — to blend into the population. This tactic serves two purposes: it makes them harder to identify in combat, and it allows their deaths to be counted as civilian casualties by Gaza’s Health Ministry, which is controlled by Hamas.

By doing so, Hamas undermines the cornerstone of the Geneva Conventions and places civilians directly at risk. Disguised among the population, its fighters turn civilians into involuntary shields and put Israel in a position where any military response inevitably generates accusations of indiscriminate violence.

Paradoxically, in its propaganda Hamas often showcases fighters in full military uniforms, complete with camouflage and insignia. On the battlefield, however, perfidy — disguising as civilians — remains a deliberate and systematic tactic, one considered a grave violation of the laws of war.

Civilian Deaths and the Contest of Narratives

The urban environment of Gaza magnifies this tragedy. Hamas operates from schools, mosques, and hospitals, storing weapons and launching attacks from within densely populated neighborhoods. In such conditions, any strike against military targets risks civilian casualties. Israel argues that a significant portion of those reported as civilians are in fact fighters in disguise; Hamas, for its part, avoids any distinction, reinforcing a narrative of a population indiscriminately bombarded.

The international community calls for independent investigations, but in practice, the figures presented are rarely subject to transparent scrutiny. This raises uncomfortable questions: how many of the so-called “civilian deaths” were actually combatants out of uniform? How many civilians have been sacrificed by a strategy that deliberately blurs the line between the innocent and the armed?

Beyond the Numbers

Placing the human tragedy at the center of the debate does not mean ignoring responsibility. International humanitarian law exists to protect civilians, but its effectiveness depends on reciprocity. When only one side attempts to distinguish combatants from non-combatants, the other exploits the asymmetry as both military tactic and political narrative.

The suffering of civilians in Gaza is real and undeniable. But the truth is not found only in the numbers. It lies in the critical examination of how those numbers are produced, reported, and manipulated. Only by acknowledging this complexity can we begin to discuss justice and responsibility with honesty.

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David Gertner, Ph.D. is a professor and author in the fields of international marketing, consumer behavior, and cultural identity. Born in Brazil and holding a Ph.D. from Northwestern University (USA), he lived for over three decades in the United States. He now devotes himself to writing essays and books on identity, memory, democracy, and human rights, including The Shadow of Depression – Breaking the Silence, Finding the Light and AI and Me – The Unlikely Companionship of Liora and David.