@HeidiInTheBigCity They're either PoWs*, or they are civilians according to the law. -
I think you will find that is incorrect.
Israel isn't an 'occupying force' in Gaza neither is this a State on State conflict because Hamas is classed as an armed non-state actor.
Therefore, as I said before, the conflict would not be governed by the entirety of the laws of war, but instead by the more limited Common Article 3 of the Geneva Conventions along with numerous customary law rules, which derive from general practices accepted as law.
Common Article 3, which applies to civilians and those no longer fighting, prohibits practices such as torture, summary execution and denial of a fair trial.
But Prisoner of War status only applies to conflicts between states so would not apply.
Hamas combatants are an irregular armed group. To be eligible for Prisoner of War status under Article 4a(2) of the Third Geneva Convention, members of an irregular armed group must adhere to very strict standards, both collectively and individually.
These includes distinguishing themselves from civilians and complying with the laws of war. Manifestly Hamas has not and does not meet these standards. As such, Israel could lawfully deny them Prisoner of War status upon capture.
Israel, the U.S. and others, label Hamas fighters as terrorists. Hamas’ recent acts – indiscriminately firing thousands of rockets into Israel, targeting, killing and taking civilians as hostages – are acts of terrorism in warfare and qualify as war crimes.