Consider a related situation: An armed bank robber kills several tellers and takes a customer hostage. Hiding behind his human shield, the robber continues to kill civilians. A police officer, trying to prevent further killings, shoots at the robber but accidentally kills the hostage. Who is guilty of murder? Not the police officer who fired the fatal shot but the bank robber who fired from behind the human shield.

The international law of war, likewise, makes it a war crime to use human shields in the way Hamas does. It also makes it a war crime for Hamas to target Israeli civilians with anti-personnel rockets loaded with ball bearings and shrapnel designed to kill as many civilians as possible.