Except that these clearly weren't belligerents, they were unarmed civilians transiting their own neighborhood to safety, or to recover family.
Let me stop you right there. 1. Remind me again the uniform all hamas belligerents wear. The one that clearly mark's them as fighters on one side of a war between uniformed combatants. Oh, that's right. 2. Giving them the benefit of the doubt that they were just transiting their neighborhood, and definitely weren't going to notice anything of Intel value on the way through, you don't get to do that in a combat zone. They clearly knew the IDF was there, and was shooting folks in the area. (Hence the flag). Don't FO in active combat unless you want to FO.
And let's talk the flag. That's a flag of surrender. Not a flag of please don't shoot me while I do my thing. You fly it, you go to within sight of the enemy, and then you wait until you are collected, searched, secured, moved to the rear, and likely imprisoned for the duration. If at least the first three of those things haven't happened, you haven't surrendered, and are open to Finding Out. But hey, someone saw a movie once where that worked.
The IDF could go full Sherman's March to the Sea, and salt Gaza on the way out and it wouldn't necessarily be a war crime. This is what happens when you start wars between countries.
I have often remarked that the US military is in some ways too good, as our ability to pick and choose targets and strike very precisely gives the US population an unrealistic standard for how war can be prosecuted.
I had no idea this was the case. True? I thought the mil was required to accept surrender, at least if they could do so safely.
Is true. Because under the Laws of War, if I take a prisoner I am responsible for their safety, and must provide food, water, protection and medical care. If I can not fulfill those responsibilities due to enemy situation, mission requirements, lack of resources, or whatever, I am not required to accept a surrender.
US ROE strongly encourages it whenever practicable, but it"s up to the commander on the ground. If you DO accept it, all US forces MUST honor it, so it bears thinking over.