![]() Some have argued Israel’s actions in Gaza constitute genocide. Aris Messinis/AFP/Getty Imagesīut he added “the collective punishment by Israel of Palestinian civilians amounts also to a war crime, as does the unlawful forcible evacuation of civilians.” When he visited the Rafah Crossing from Egypt into Gaza, Volker Türk, the UN High Commissioner for Human Rights, called the October 7 attacks “atrocities”, saying they – and the holding of hostages – were war crimes.Īn Israeli soldier patrols near the Nova music festival in southern Israel, where more than 260 bodies were found after Hamas' terror attack. ![]() A number of prominent human rights groups concur with the UN’s assessment. The report said Israel may be committing the war crime of collective punishment, after officials ordered the “complete siege” of Gaza. A UN report said last month said it was collecting evidence of war crimes in the wake of Hamas’ indiscriminate massacre of civilians and its abduction of more than 200 hostages. A war crime is an especially grave violation of IHL. Not all violations of international humanitarian law constitute a war crime. Is there evidence of war crimes in the fighting between Hamas and Israel? The State of Palestine is also a signatory to the Rome statute of the International Criminal Court (ICC), meaning Hamas leaders are accountable for war crimes. Given this, Hamas – which governs a Palestinian territory – must comply with their terms. But the State of Palestine – which is how the Palestinians are represented at the UN as a non-member observer – has acceded to the Geneva Conventions and its three additional protocols. Some dispute whether international law applies to non-state actors like Hamas. But since these provisions are considered a norm of customary international law, they are nonetheless binding on all states. Israel, however, has not ratified the first and second additional protocols, which were introduced in 1977 to cover areas like collective punishments and the use of new weapons. The conventions have since been supplemented by Additional Protocols and by rulings at international tribunals. ![]() Modern IHL is built around the 1949 Geneva Conventions, which have been ratified by almost all UN members. The second, called the “law of armed conflict” (LOAC) or “international humanitarian law” (IHL), regulates the conduct of states during war and seeks to limit suffering once they have begun. The first, the law on the use of force, aims to prevent conflict by dictating the conditions under which states may resort to force. So who will decide if war crimes have been committed, what will the criteria be, and will anyone ever be held to account?Ĭonflicts are governed by two bodies of law. Delivering justice would be the work of many organizations over many years, but the process has already begun. The conflict is covered by a complex system of international law developed after World War II, which attempts to balance humanitarian concerns and the military requirements of states. Since Hamas launched its brazen October 7 attacks and Israel responded with intensive air strikes and a ground offensive, both sides have been accused of war crimes.
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