"Gilad is a uniformed member of the armed forces held by the government of Gaza with no access to the IRC or other provisions of the Geneva Convention. Apparently that didnt make any UN reports either." Firstly. He was captured not by Hamas. Second, most Israelis do not consider Gaza as state and Hamas not as a government but as a terrorist organization. A terrorist organization is not able to do a war crime, what they do are acts of terrorizm. And the Geneva Conventions is neither accepted by Israel nor by Hamas. Which the Goldstone Report has proven. Of course if Hamas would be considered as a regular Army the should give acess to the International Red Cross/Red Crescent Organization. As far as I know the Israeli government, the USA the EU don't recognize Hamas as a military organization yet and Gaza not as a state - but as a terrorist organization. That doesent mean that what they do is legal or even morally right. But he is not a prisoner of war according to ICRC.
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from the article: Gilad Shalit video / Footage with full English transcript