Enforcing laws during the chaos of war is an arduous task. Holding those responsible accountable after the conflict often proves to be an elusive endeavour, marked by complexities and challenges. However, there exists compelling evidence that both the Palestinian militant group, Hamas, and Israel have transgressed international laws since the commencement of the conflict.
As per the United Nations, even in the most challenging times, certain rules must be upheld. United Nations Chief Antonio Guterres emphasized this when he stated, “The Hamas attacks cannot justify the collective punishment of the Palestinian people.”
The laws governing armed conflicts are established by a set of internationally recognized laws and resolutions, including the United Nations Charter, which forbids aggressive wars but upholds a nation’s right to self-defense. These principles of warfare encompass international humanitarian laws, notably the Geneva Conventions. These Conventions were drafted following World War II and have received unanimous agreement from nearly every nation.
What are the guidelines that countries must adhere to during times of war?
These rules apply to both conflicts between nations and those involving non-state parties, such as the ongoing conflict between Israel and Hamas.
Another vital component of the laws of war is the Rome Statute of the International Criminal Court. This statute defines acts as war crimes, including intentional attacks on civilians, civilian settlements, or humanitarian workers, the destruction of property when militarily unnecessary, sexual violence, and unlawful deportation.
Internationally acknowledged laws, including the UN Charter, condemn aggressive wars but endorse the right to self-defense. The behavior on the battlefield is regulated by the Geneva Conventions, which were established post-World War II and have received widespread endorsement to safeguard humanitarian principles.
Here are the fundamental rules that warring countries are expected to observe:
The four conventions, agreed upon in 1949, stipulate that civilians, the wounded, and prisoners must be treated humanely during wartime. These conventions prohibit acts such as murder, torture, hostage-taking, and “humiliating and degrading treatment.” They also mandate that combatants must provide care to the sick and wounded on the opposing side.
These rules are applicable both during wars between nations and in conflicts.
War crimes, including attacks on civilians, civilian settlements, or humanitarian workers, as well as the wanton destruction of property and unlawful deportation, are unequivocally illegal. This is explicitly stated in the laws of war as defined by the International Criminal Court. Additionally, the use of certain weapons, such as chemical or biological munitions, is strictly prohibited.
How do international agencies contribute to ending conflicts?
The United Nations Commission of Inquiry plays a pivotal role by amassing evidence of war crimes committed by all parties involved in the ongoing conflict. This evidence can be instrumental in the International Criminal Court’s (ICC) ongoing investigation into the Palestinian territories. However, it is important to note that certain nations, including the United States, Russia, and Israel, do not recognize the jurisdiction of the ICC. Furthermore, the ICC lacks its own law enforcement authority to execute arrest warrants and order compensation for victims.
In such scenarios, alternative international courts, including the International Court of Justice (ICJ) and the European Court of Human Rights, have the jurisdiction to hear cases concerning alleged violations. Likewise, domestic courts in Israel and other relevant jurisdictions, as well as under US law, allow American victims to pursue claims for compensation against Hamas.
Breaches of international law can also trigger sanctions, as exemplified by the sanctions imposed on Russia by the United States, the European Union, and other nations due to the invasion of Ukraine. In rare instances, such breaches may even warrant United Nations-authorized military intervention.
It’s crucial to mention that various international agreements prohibit the use of specific types of weapons, such as chemical or biological munitions. While most countries are signatories to these agreements, there are exceptions.
Has Hamas been involved in war crimes?
Hamas has launched thousands of rockets at Israeli towns and cities. Moreover, on October 7, they sent hundreds of armed individuals across the border from Gaza. These individuals carried out attacks that resulted in the deaths of civilians, including children and the elderly, in their homes and neighbourhoods. They also kidnapped numerous individuals. Israel reports that at least 1,400 people lost their lives, and 199 others were abducted.
Jeanne Sulzer, a lawyer associated with the Commission for International Justice of Amnesty International France, highlights that the Geneva Conventions categorically state that “civilians should never be taken hostage.” If such actions occur, they may be characterized as war crimes.
Is Israel’s response in compliance with international law?
The Israeli military has conducted extensive airstrikes on Hamas-ruled Gaza, disrupted the delivery of essential supplies like food, water, fuel, and electricity, and advised residents to evacuate the northern part of the strip in anticipation of a possible ground invasion.
Gaza authorities have reported 2,800 casualties and 11,000 injuries during days of bombardment. Critics accuse Israel of collectively punishing Gaza’s 2 million residents. The Geneva-based International Committee of the Red Cross has expressed that the instructions for hundreds of thousands of people to leave their homes, combined with a complete siege that denies them access to food, water, and electricity, are incongruent with international humanitarian law.
The Israeli military asserts that its actions are consistent with international law and that it specifically targets legitimate military objectives while seeking to root out militants who embed themselves among the civilian population.
Human Rights Watch has accused Israel of using munitions containing white phosphorus, an incendiary substance. While this substance is not prohibited, its utilization in densely populated areas has faced widespread condemnation. Meanwhile, the Israeli Defence Force (IDF) has denied using white phosphorus as a weapon in Gaza.
Can individuals who violate international law be held accountable?
A United Nations Commission of Inquiry has affirmed its commitment to “collecting and preserving evidence of war crimes committed by all sides” in the current conflict. This evidence could be integrated into the ongoing investigation by the IICC into the situation in the Palestinian territories.
The ICC, based in the Netherlands, possesses the authority to prosecute officials from nations for violations and issue orders for victim compensation. However, it’s important to acknowledge that some countries, including the United States, Russia, and Israel, do not recognize the jurisdiction of the court, and the ICC lacks the capacity to enforce arrest warrants.
What about military operations conducted in civilian areas?
Engaging in deliberate harm to non-combatants or launching indiscriminate attacks that fail to distinguish between military and civilian targets is strictly forbidden for any warring party.
Civilian sites such as shops, hospitals, schools, and places of worship are unequivocally considered civilian installations where attacks are ordinarily prohibited. Even if a civilian site is not the explicit target, it can still be deemed a war crime if it is affected by an operation, such as an Israeli airstrike or the rocket fire launched by Hamas into Israel.
The rules become more intricate when a warring party has assumed control over a civilian installation for military purposes. The use of civilians as shields for combatants is forbidden, an accusation that Israel has directed toward Hamas, although the Palestinian group denies such allegations.
However, even when a warring party employs civilian sites, its opponent still bears the responsibility of minimizing casualties among non-combatants. This consideration often plays a significant role in Israeli offensives in Gaza, given the territory’s dense population over its 40-kilometer expanse.
Precautionary measures may include issuing advance warnings of imminent attacks, such as Israel’s notifications to residents in northern Gaza. Nevertheless, these precautions do not absolve a warring party of its responsibility toward civilians.
The Rome Statute, which underpins the International Criminal Court located in the Netherlands, echoes this mandate. It specifically prohibits “intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival.” This prohibition encompasses “wilfully impeding relief supplies as provided for under the Geneva Conventions.”
