Yes, which is why turning a hospital or refugee camp into a command post is a war crime. But it also means that attacking a hospital or refugee camp, whether they’re being used as shields for military targets or not, should also not be done lightly. Iron-clad case made beforehand that it is a military target, rigorous scrutiny of the claim evaluated by an independent body after the fact, and the military action against the target has to prioritize the civilians as much as possible. They’re people. Men, women, and children who have nothing to do with the conflict and are simply caught in the crossfire. One side showing a disregard for the life of innocents does not justify the other side doubling down on the same.
Yes, but “unlawful or contrary to the public interest” is the language the 2025 drafters have used in the past to argue that people involved in a literal violent insurrection should not be prosecuted. In this case we’re not talking about forming a more equitable justice system, we’re talking about celebrating the attempted overthrow of the government.