Palestine- Israel Conflict; Can Crimes Against Humanity Ever Be Justified?

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November 9, 2023

Aliza Pervez

The Israeli-Palestinian conflict has created an ongoing humanitarian catastrophe in the immediate region since it began. Some of the dimensions of this humanitarian catastrophe, perpetrated by Israeli forces against Palestinians to contain Hamas, include the ongoing loss of life, the erroneous construction of Israel’s separation wall to imprison Palestinians, air raids without prior notice, an increase in illegal Jewish settlements in Gaza and the West Bank, attacking non-combatants, and the use of restricted weapons to target large populations. The conflict is significant in both regional and international politics because it is linked to the ongoing repression of human security.

The ongoing Israeli-Palestinian conflict resurfaced on the international stage on October 7, 2023, after the Surprised Attack of Hamas following which Israel announced a state of conflict between the two longtime foes. The heavily populated Gaza Strip, which is home to more than 2 million Palestinians, is once again being used as a battleground between Israel’s occupational forces and Hamas. About 9733 Palestinians have reportedly died in this terrible conflict to date, purportedly as a result of many, lethal airstrikes launched by Israeli forces. The World Uyghur Congress was amongst the organizations and states from the West to denounce Hamas’s attack on Israeli targets. However, none of them denounce Israel’s brutal killing of unarmed civilians in Gaza. The barbaric attacks by Hamas against Israeli citizens were fiercely denounced by the World Uyghur Congress (WUC), which likewise feels extremely concerned about the possibility of escalating the conflict and additional casualties. The chairman of the WUC announced saying, “We stand in solidarity with all those suffering from terrorism and war, and we keep all those impacted by violence in our prayers.” The WUC calls on the international community to take immediate action to safeguard civilian lives and create a successful mechanism for a just and long-lasting peace in the Middle East. Such a hypocritical attitude by an international organization depicts its worth in the international community since it is following the agenda of the West.

The “complete siege” of Gaza, a Palestinian enclave, is another horror Palestinians are currently experiencing in addition to these unpredictable air raids and staggering attacks. On October 9, 2023, Israeli forces imposed a blockade to carry out the instructions of Israel’s Defence Minister, Yoav Gallant, depriving “non-combatants” of their most fundamental necessities such as food, water, fuel, and electricity. The blockade is nothing more than a tangible illustration of Israel’s ongoing violation of human rights and its desire to perpetrate atrocities without feeling guilty or facing repercussions.

There have been attempted war crimes perpetrated during the present Israel-Hamas conflict, and the victims are none other than the Palestinians residing in the West Bank and Gaza. To push Hamas cadres to release their prisoners, Israeli forces are assaulting common Palestinians in Gaza. Even if it is carried out in reprisal for a specific attack, such action is considered collective punishment of non-combatants in wartime and is forbidden by customary international law. Another War Crime that can cause individuals to starve to death is the siege of Gaza, which denies Palestinians access to their necessities including food, fuel, and water. Under the jurisdiction of the ICC and the Rome Statute, starving civilians as a tactic of war is a war crime that guarantees a violation of international humanitarian law. Although collective punishment and the hunger of civilians are sufficient grounds for accusing Israel of war crimes, the narrative would be incomplete without adding the use of prohibited substances on the battlefield.

The UN Convention on Certain Conventional Weapons forbids the deployment of white phosphorus gas in areas with high population density because it can have a variety of life-threatening effects on people. Human Rights Watch, a prominent international group advocating for human rights, has characterized Israel’s use of white phosphorus gas against civilians as a clear breach of international humanitarian law.

Some significant issues that require attention arise while examining these war crimes carried out by Israeli forces while battling Hamas. The first question to ask is whether or not the Israel-Palestine conflict falls under the purview of international law, the International Criminal Court, and the International Court of Justice. If so, what are the obstacles preventing the continuous brutal and terrible deeds in Gaza from being stopped? The short answer to the first point is that everything that is currently happening in Gaza does indeed fall under the purview of the courts and organizations that are “actively working” to enforce international law on and in international states. Responding to the case, ICC representatives claim that because Palestine is one of the court’s 123 member states, the court has jurisdiction over any crime occurring in Palestinian territory. The irony of these jurisdictions is that their efforts are consistently hampered by several issues that don’t seem to be going away anytime soon or shortly. The first of these is the incapacity of international courts to force parties to a conflict to abide by their rulings. For instance, the Hague-based International Court of Justice’s decision is final and binding, yet it is not enforceable against the governments that fall under its purview. In the instance of the Israel-Palestine conflict, the ICC has been conducting investigations and gathering evidence of war crimes and crimes against humanity that have been committed in the warring states for years, but no arrests of those responsible have been made.

Western world hypocrisy is the second major cause. The hypocrisy of the Western world has been highlighted by the divergent opinions of respected Western leaders, notably those of the USA, UK, and European Union, regarding two global situations that are quite comparable (Israel-Palestine and Russia-Ukraine). Similar to how national laws and standards reflect the hypocrisy of the West, international law is likewise influenced by the West. International law, which was zealously applied in reaction to Russian aggression against Ukraine, appears to have been reduced to nothing more than “suggestions, advice, and opinions” in the West’s response to Israel’s attack on Palestinians.

De facto or de jure, the defenders of global peace and freedom have failed to provide adequate protection for ordinary Palestinians.

Overviewing the current conflict between Israel and Hamas, the only conclusion that can be drawn is that, regardless of whether Hamas is involved, a crime against humanity cannot be excused at any price. In reaction to the situation of the Palestinians, the Palestinian poet Mehmoud Darvish famously remarked, “History laughs at both the victim and the aggressor.” The legacy that history left regarding the persecution of innocent civilians by ethnic groups like Jews didn’t seem to be forgettable at any point in time in the past. But the current oppression taking place in Gaza, perpetrated by people who were once the targets of the same oppression in history, ought to be denounced in every way possible.

The writer is a graduate of Defense and Diplomatic Studies from Fatima Jinnah Women’s University, Rawalpindi.

Palestine- Israel Conflict; Can Crimes Against Humanity Ever Be Justified?
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