The recent conflict between Israel and Hamas in Gaza has raised questions about the legality of Israel's offensive under international law [f6ca5b7a]. An article by Yann Said examines this issue and analyzes whether Israel's use of force in Gaza is in accordance with international law [f6ca5b7a]. Israel claims to adhere to the principle of distinction between military targets and civilians, but the high number of civilian casualties raises concerns [f6ca5b7a]. Human rights groups accuse Israel of using excessive and disproportionate force [f6ca5b7a]. Israel asserts that its strikes are in line with the principles of proportionality and precaution, but critics argue that it does not properly weigh proportionality and does not take sufficient precautions [f6ca5b7a]. Israel maintains that civilian deaths are a result of Hamas using human shields, but experts dispute the notion that voluntarily remaining in a target area constitutes an 'involuntary human shield' [f6ca5b7a]. Human rights groups argue that Israel's broad targeting policy leads to an unacceptable number of civilian casualties [f6ca5b7a]. The debate over international law provides little common ground to break the cycle of violence, and diplomacy and empathy are necessary to end the bloodshed [f6ca5b7a].
The ongoing conflict between Israel and Hamas in Gaza has led to significant humanitarian concerns, with high casualties and widespread destruction of infrastructure [43dd549a]. International humanitarian law (IHL) is clear in its principles, but implementing them in the Gaza crisis is complex due to the densely populated region and the proximity of military targets to civilians [43dd549a]. Both Israel and Hamas have violated IHL, making it difficult to investigate and prosecute [43dd549a]. The use of civilians as shields and the loss of protected status for medical facilities have further complicated the situation [43dd549a]. The article highlights historical examples of civilian targeting in warfare, emphasizing that the moral reality of war is determined by opinions [43dd549a]. The author argues that peace should be given a chance and negotiations should be pursued to end the conflict in Gaza [43dd549a]. The article concludes by suggesting that an experiment in negotiations, including a hostage swap and acceptance of a two-state solution, could pave the way for peace in Gaza [43dd549a].
Germany has called on Israel to abide by international humanitarian law and reduce civilian suffering in Gaza [74f1b3c0]. The German Foreign Ministry emphasized the importance of Israel's compliance with international law and its responsibility to protect the civilian population [74f1b3c0]. Germany is advocating for comprehensive humanitarian access to Gaza and working towards new humanitarian pauses to facilitate this access [74f1b3c0]. The Foreign Ministry also highlighted the role of Hamas in the conflict, urging the group to lay down its arms and cease attacks that endanger both Palestinians and Israelis [74f1b3c0].
An analysis by Leonard Rubenstein on Just Security explores Israel's interpretation of international humanitarian law and its impact on civilian protection in Gaza [50e84432]. The Israeli government is promoting an interpretation of international humanitarian law that undermines the Geneva Conventions' values and rules [50e84432]. Israel asserts a theory of justifiable conduct in war that prioritizes claims of military necessity over the protection of civilians [50e84432]. This theory aligns with the views of Francis Lieber, a 19th-century military theorist, who permitted massive harm to civilians in wars deemed vital to the moral progress of 'civilized nations' [50e84432]. Israeli officials emphasize the justice of their cause and the need to win quickly, often disregarding the duty of proportionality and the duty to minimize harm [50e84432]. They argue that the strategic objective of eradicating Hamas justifies any excessive harm to civilians [50e84432]. Israel's approach to civilian protection contradicts contemporary international law, which rejects the notion that a just war permits harm to civilians [50e84432]. The Israeli government's interpretation of proportionality and the duty to minimize harm is based on the overarching military advantage of winning the war, rather than the specific tactical advantage gained from each objective [50e84432]. This approach has led to extensive civilian casualties and the destruction of hospitals in Gaza [50e84432]. By enfeebling international humanitarian law, Israel puts civilians at risk and undermines the values of the Geneva Conventions [50e84432].
British Foreign Minister David Cameron expressed concern that Israel's war on Gaza may have included breaches of international law [ad7c08a6]. While he received advice that Israel was compliant, there were still questions to answer [ad7c08a6]. Cameron stated that some incidents during the war raised questions about potential breaches of international law [ad7c08a6]. The United Kingdom has reaffirmed its support for Israel's right to defend itself against Hamas but has also called on the Israeli military to act within international law [ad7c08a6]. Cameron also mentioned the need for a significant effort to rebuild Gaza due to the extensive destruction [ad7c08a6]. He noted that Hamas fighters had lost over 50 percent of their capability and capacity to fire rockets into Israel [ad7c08a6]. The statement comes amid growing concern over the Gaza death toll and the South Africa genocide case against Israel [ad7c08a6].
A recent article by Agnès Callamard in Foreign Affairs Magazine highlights the concerns of war crimes and violations of international law in Israel's campaign of retaliation against Hamas in Gaza [d8b4a398]. The article states that Israel's offensive has been characterized by a pattern of war crimes, including indiscriminate, disproportionate, and direct attacks on civilians and civilian objects such as schools and hospitals [d8b4a398]. The article also mentions the forced displacement of Palestinians and the imposition of conditions that have left hundreds of thousands without basic necessities [d8b4a398]. Israel's blockade of Gaza, which denies Palestinians access to food, water, fuel, and medical care, is described as collective punishment [d8b4a398]. The author argues that the international rule of law and the principle of universality in human rights are being eroded, leading to more instability, aggression, conflict, and suffering [d8b4a398]. The article calls for an immediate cessation of military operations, the release of civilian hostages, the lifting of the siege of Gaza, and the implementation of measures to prevent genocide [d8b4a398]. It also emphasizes the need for accountability for crimes committed by all parties to the conflict and a comprehensive process to address historical grievances and work towards peace in the Middle East [d8b4a398].
Israel's assault on Gaza resulted in a high rate of civilian deaths, with 92% of the 29,124 people killed being civilians [8f5796f9]. The claim that Israel has the 'most moral army in the world' is contradicted by evidence of deliberate targeting of civilian facilities and the blocking of humanitarian aid [8f5796f9]. Israel's actions in Gaza are seen as a violation of international humanitarian law and potential war crimes [8f5796f9]. The IDF's alleged 'morality' is questioned by journalists and experts, and its claim to minimize the loss of innocent lives is undermined [8f5796f9]. Recent assessments show that the death rate in Gaza is higher than in recent wars in Syria, Sudan, Iraq, Ukraine, Afghanistan, and Yemen [8f5796f9]. Israel's insistence on its moral superiority is seen as a sign of its isolation and detachment from reality [8f5796f9] [db16dfb0].
Euro-Med Human Rights Monitor demands the establishment of an international legal team to investigate crimes and violations committed by the Israeli occupation forces in Gaza [3a5fb802]. They welcome the recent statement by United Nations experts on Israel's human rights violations against Palestinian women and girls. The experts express concern about the deliberate targeting and extrajudicial killing of Palestinian women and children by the Israeli army. They also highlight the disappearance of Palestinian women and children after contact with the Israeli army. Euro-Med Human Rights Monitor urges the international community to pressure Israel to end its policy of forced disappearance and disclose the whereabouts of detained women [3a5fb802].
A UN Human Rights Office report calls for accountability and justice for serious violations of the laws of armed conflict and other gross human rights violations committed by all parties in Gaza, the West Bank, including East Jerusalem, and Israel over the 12-month period up to 31 October 2023 [277ba8e1]. The report raises concerns of unlawful killings, hostage-taking, destruction of civilian property, collective punishment, strikes on civilian infrastructure, forced displacement, incitement to hatred and violence, sexual assault, and torture [277ba8e1]. The report calls for further investigations to establish the full extent of crimes under international law [277ba8e1]. The UN High Commissioner for Human Rights, Volker Türk, urges all parties to immediately cease violations and conduct prompt, independent, impartial, thorough, effective, and transparent investigations into all alleged violations [277ba8e1]. The report identifies serious violations of international law committed by Al Qassam, the armed wing of Hamas, and other Palestinian armed groups, as well as the military response by Israel [277ba8e1]. The report also highlights severe restrictions on the supply of basic services and humanitarian aid imposed by Israel on Gaza, which have raised concerns of famine, dehydration, and the spread of disease [277ba8e1]. The report calls for accountability with respect to Israeli practices in the West Bank, including East Jerusalem [277ba8e1]. The report identifies emblematic incidents, including strikes on Jabalia Refugee Camp and Al-Yarmouk, Gaza City, resulting in enormous destruction and civilian casualties [277ba8e1]. The report also decries attacks damaging or destroying a large number of hospitals across Gaza [277ba8e1]. Medical facilities are protected infrastructure under international humanitarian law [277ba8e1].
The suffering of Julian Assange and the civilians in Gaza share chilling parallels [29aa9447]. Both cases reveal the West's disregard for the rule of law and its oppressive structure [29aa9447]. The article argues that the West's treatment of the Palestinians and Assange highlights its hypocrisy and arrogance [29aa9447]. The author suggests that these cases reflect a political order in the West characterized by lawlessness, cooperation and rivalry among interest groups, and a disregard for the well-being of its own citizens [29aa9447]. The article concludes by stating that the contemporary West is becoming a dishonest and unreliable political order [29aa9447].