Far from taking measures to protect Palestinian civilians during the fighting in Gaza, Hamas forces prevented humanitarian relief, coordinated by the IDF with various international aid organizations, from reaching its intended recipients. While the IDF observed humanitarian pauses in fighting, Hamas fired rockets during these periods, attacked crossing points into Gaza through which much-needed supplies arrived, and hijacked those supplies once they crossed the border.
All of these actions violate the Law of Armed Conflict, which requires parties to allow the entry of humanitarian supplies and to guarantee their safety.
During the period between January 8, 2009 and January 17, 2009, Hamas fired a total of 44 rockets and mortars at Israel during humanitarian pauses. Hamas and other terrorist organizations have also continued a practice of launching attacks against crossing points, which provide the only entry points for humanitarian aid to the Gaza Strip.
Hamas' attacks on crossing points continued during the Gaza engagement, but perhaps the most serious interference with humanitarian relief efforts by Hamas consisted of hijacking humanitarian supplies once they arrived in Gaza. On January 12, 2009 it was reported by the Jerusalem Post that "Hamas raided some 100 aid trucks that Israel had allowed into Gaza, stole their contents and sold them to the highest bidders."
There were numerous reports of Hamas confiscating aid shipments meant for Palestinian civilians. Among these was a report by UNRWA on February 3,2009, that Hamas armed assailants seized, by force, 3,500 blankets and 406 food parcels from its distribution center at the Shati refugee camp. This action was strongly condemned by U.N. officials, who demanded an immediate return of the aid. On February 5, 2009, UNRWA suspended all imports of aid into the Gaza Strip after 10 truckloads of flour (equivalent to 100 tons) and rice (equivalent to 200 tons) imported from Egypt for UNRWA were taken from the Palestinian side of the Kerem Shalom Crossing into Gaza.
Hamas' willful and repeated interference with the supply of essential goods and services to Gaza qualifies as a grave breach of the Law of Armed Conflict and a war crime under international law.