AS stated by the United Nations, no single document in international law codifies all war crimes. Lists of what can be classified under the umbrella of “war crimes” are found within various branches of international law including humanitarian, criminal and customary laws. The UN asserts that a war crime occurs during an armed conflict in breach of the Geneva Conventions and in violation of the international humanitarian law, also known as the “law of armed conflict” which seeks to limit the impact of war and focuses on the protection of persons not or no longer taking part in hostilities.
With the Israel-Palestine conflict flaring up again, collateral damage is being witnessed at an unprecedented scale. Over 100 children are reported being killed every single day since Israel has started bombing the besieged people of Gaza since October 7. The civilian death toll now reaching an appalling 6000 mark makes it one of the deadliest Israeli assaults in decades while the fundamental principle of war; to distinguish at all times between combatants and civilians, blown to pieces under the garb of “collateral damage”.
Under international law, the accepted rule for armed conflict was passed in the Geneva conventions, 1949, stating that children must be protected and treated humanely. Israel has ratified the conventions in 1951, except the 4th Geneva Convention which safeguards the right of civilians protecting themselves under occupation, as it openly disavows Palestine to be the occupied land. UNICEF has time and again called for unimpeded humanitarian access to the besieged Gaza Strip where 50% of the population is below the age of 18.
The recent deadly strike on Al-Ahli Arab Hospital in Gaza slaughtered more than 500, according to the health ministry in Gaza. Amongst the many who perished were also innocent civilians who were seeking refuge therein. The Article 18 of the Geneva Convention grants special protection to hospitals and other healthcare facilities against attacks. Doctors, nurses and medical personnel must be permitted to do their work and be protected in all circumstances during ongoing war. In current air and artillery bombardment, the WHO has recorded at least 111 medical facilities targeted, 12 healthcare workers martyred and 60 ambulances bombed, constituting a grave violation of international law.
Warring parties may also only attack military objectives such as enemy combatants, weapons and ammunition and buildings being used by the opposing forces while sparing civilian objects like homes, shops, places of worship, hospitals and schools. The belligerents are required to give “effective advance warning” of attacks that may affect civilians. A warning that does not provide ample time to evacuate is not considered an effective one. As Israel carries out a relentless shelling on the tightly packed Gaza Strip, whose 2.3 million residents are bracing themselves for a hellish nightmare with nowhere to flee since its blockade in 2007.
Lately, the Human Rights Watch on Thursday also accused Israel of using white phosphorus to target Palestinian civilians through airbursts of artillery over the Gaza city port on 11th October. White phosphorus is a chemical that can severely burn people and set structures, fields and other civilian objects in the vicinity on fire. Such abhorrent and criminal war practices in one of the most densely populated areas in the world, magnifies the risk to civilians and violates the international humanitarian law’s prohibition on putting civilians at unnecessary risk. “Any time that white phosphorus is used in crowded civilian areas, it poses a high risk of excruciating burns and lifelong suffering,” said Lama Fakih, Middle East and North Africa Director at Human Rights Watch.
Amidst the Israel-Hamas war, what the world is currently witnessing in Gaza is also termed as “collective punishment” which is described as any form of sanction and harassment imposed on a targeted group of people for actions that they themselves did not personally commit. With clean water quickly running out (The Guardian, 17th October), more than two million people are at the brink of severe life threatening risk and are left to resort to drinking dirty water, with swelling perils of disease, dehydration and death. The “collective punishment” now being enforced on people of Gaza is leading to mass displacement, high number of deaths and unprecedented suffering.
Without swift accountability and impartial justice, the egregious international law violations are likely to continue and ultimately it is the civilians who will continue bearing the brunt of the consequences. No atrocity can ever justify another. It’s imperative for international forums of authority to collectively work towards deescalating the ongoing conflict and make way for humanitarian assistance to freely reach Gaza. Now the onus lies on the shoulders of international powers to play their part in chalking out a sustainable and workable solution to bury this man-made disaster once and for all, to try the perpetrators of atrocities in international criminal court for the heinous war crimes committed, and use all available means to ensure Israel’s adherence to internationally-recognized conventions and resolutions. This is crucial to uphold the very essence of justice.
—Advocate Ahmed Abdul Rehman Shah is International Law Expert & CEO at ALC Legal Consultants), Co Author: Advocate Ayesha Ahmed is Associate at ALC legal Consultants
