Should Hamas be Sanctioned for Using Civilians as Human Shields? (H.R. 3542)

What is H.R. 3542?

(Updated May 19, 2021)

This bill — the Hamas Human Shields Prevention Act — would direct the president to impose property and travel sanctions on members or affiliates of Hamas who are responsible for or complicit in Hamas’ use of human shields. Foreign persons and entities that provide or attempt to provide material support to sanctioned individuals would also be sanctioned. Additionally, the bill would state that it’s U.S. policy to condemn the use of human shields by Hamas as an act of terrorism and violation of human rights, and act against those engaging in or supporting the use of human shields.

The president would be able to waive a sanction for 120 days with prior congressional certification that the waiver is vital to U.S. national security interests. The president would also be urged to direct the U.S. Permanent Representative to the United Nations to U.S. influence at the U.N. Security Council to secure support for a resolution imposing multilateral sanctions against Hamas’s use of human shields.

Argument in favor

Hamas is violating human rights and international law by launching rockets to attack Israel from locations near schools, hospitals, and mosques — effectively using civilians as human shields from retaliation. Those involved should face sanctions, and this bipartisan bill ensures that happens.

Argument opposed

While it’s wrong for Hamas to use civilians as human shields, the U.S. isn’t in a position to judge their behavior and shouldn’t take steps to counteract the use of human shields through sanctions. This bill will only inflame the tension in the Middle East.

Impact

Individuals and entities affiliated with Hamas that are involved with the use of human shields; the United Nations Security Council and the U.S. Ambassador to the U.N.; and the president.

Cost of H.R. 3542

The CBO estimates that enacting this bill would cost less than $500,000 over the 2018-2022 period.

Additional Info

In-Depth: Sponsoring Rep. Joe Wilson (R-SC) introduced this bill to sanction Hamas for violating human rights standards by using civilians as human shields:

“For too long, Hamas has taken shelter and launched offensives against Israel from civilian areas, including schools, hospitals, and mosques. Their actions have knowingly and carelessly put innocent lives at risk — in clear violation of international law. We cannot stand by while Hamas continues to perpetrate atrocities against civilians by using them as human shields. This legislation imposes direct sanctions against any terrorist who is responsible for the use of human shields by Hamas.”

Original cosponsor Rep. Seth Moulton (D-MA) added:

“The use of human shields is a clear human rights violation. THis bill ensures that members of Hamas who put civilians in harm’s way are sanctioned for their actions. We have a moral obligation to hold Hamas accountable and I’m proud to support this bipartisan effort.”

This legislation passed the House Foreign Affairs Committee on a voice vote and has the support of eight bipartisan cosponsors, including five Democrats and three Republicans.

Of Note: The House unanimously passed similar legislation sanctioning those associated with Hezbollah's use of human shields in October 2017. That bill is yet to be considered by the Senate.

Media:

• Sponsoring Rep. Joe WIlson (R-SC) Press Release
  
• Republican Policy Committee
  
• CBO Cost Estimate