In the midst of the Israel-Palestine conflict, it is vital to comprehend the international legal framework that governs such situations. The ongoing Israel-Palestine conflict operates within a web of international laws and regulations established since World War II. These laws aim to uphold humanitarian values and protect the rights of civilians and combatants.
Laws Governing the Conflict
Internationally accepted rules of armed conflict emerged from the 1949 Geneva Conventions, ratified by all UN member states. These conventions were further complemented by decisions made in international war crimes tribunals. Collectively known as the “Law of Armed Conflict” or “International Humanitarian Law,” these treaties govern the treatment of civilians, soldiers, and prisoners of war. They apply to government forces, as well as organized armed groups, including Hamas militants.
The Role of the International Criminal Court (ICC)
The ICC, established in The Hague in 2002, serves as the world’s permanent war crimes tribunal. It holds jurisdiction over war crimes, crimes against humanity, and genocide in its 123 member states, or crimes committed by their nationals. However, major global powers like China, the United States, Russia, India, and Egypt are not members. Notably, the ICC recognizes Palestine as a member state, although Israel rejects its jurisdiction and does not engage formally with the court. The ICC’s budget for investigations in the Palestinian territories for 2023 is just under a million euros, and it seeks additional resources. The court has had an ongoing investigation into alleged war crimes and crimes against humanity in the occupied Palestinian territories since 2021, but no arrest warrants have been issued.
Acts that Could Violate War Crimes Law
Numerous acts in the Israel-Palestine conflict have the potential to violate war crimes laws. These include the deliberate targeting of civilians, indiscriminate rocket attacks, and the taking of civilians as hostages by Palestinian armed groups. Israeli counter-strikes in Gaza, resulting in the death of hundreds of Palestinians, have also raised concerns. The taking of hostages, murder, and torture are explicitly banned under the Geneva Conventions. Israel’s response may also be subject to a war crimes investigation.
Application of the Geneva Conventions
The Geneva Conventions, a cornerstone of international humanitarian law, come into play in the Israel-Palestine conflict. While Israel maintains its right to respond to threats, a siege can be considered a war crime if it targets civilians instead of undermining Hamas’ military capabilities. Additionally, attacks on military objectives must be proportional under international law, ensuring they do not result in excessive civilian casualties or damage to civilian property relative to the expected military advantage.
The Future of International Justice
As the conflict continues, the international community closely watches for potential war crimes. The gruesome killings of civilians, including hundreds at a dance rave and residents of Kibbutz communities near the Gaza border, may become focal points for future war crimes investigations. The Israel-Palestine conflict operates within a complex international legal framework. International laws and institutions, such as the Geneva Conventions and the ICC, play a pivotal role in addressing potential violations and ensuring accountability in times of conflict.
