The current situation in Gaza is not just a humanitarian crisis, it is also a legal one. According to the Cornell Law School Legal Information Institute, “international law is the set of rules and principles governing the relations and conduct of sovereign states with each other, as well as with international organizations and individuals”. Essentially, the main goal is to promote peace between nations. Various international organizations, including the United Nations, play an important role in monitoring these matters. The United Nations has documented potential international law violations in Gaza. In this two-part series, we will explore how international law applies to Gaza, starting with the foundations of international law and the rules that were made to protect humans in times of humanitarian crisis.
According to the International Committee of the Red Cross, the Geneva Conventions, recognized and signed by nearly all nations around the world, establish a set of rules for the treatment of civilians, military personnel, and prisoners of war during armed conflicts. The International Committee of the Red Cross plays a crucial role in ensuring the Geneva Conventions are respected. However, the obligation to enforce the Conventions is up to the individual states. These rules prohibit the targeting of homes, schools, hospitals, and aid workers. Reports from the United Nations have confirmed airstrikes on infrastructure in Gaza. The destruction of civilian areas, along with restricted access to food and water, suggests serious offenses of these basic protections.
International law defines occupation as effective control and not physical presence. Although Israel withdrew their troops and settlers from Gaza’s region in 2005, they still control Gaza’s airspace, borders, and resources, which means they hold effective control and are still occupying Gaza. According to the humanitarian organization, Amnesty, “as the occupier, Israel is therefore forbidden from using state land and natural resources for purposes other than military or security needs or for the benefit of the local population.” “The unlawful appropriation of property by an occupying power amounts to “pillage”, which is prohibited by both The Hague Regulations and The Fourth Geneva Convention and is a war crime under the Rome Statute of the International Criminal Court and many national laws”. Reports by human rights organizations indicate that Israel has participated in the appropriation of water resources and the development of natural gas fields off the coast of Gaza, therefore suggesting a violation of international law.
International law is being tested now more than ever. Ongoing violations without any serious consequences are weakening the credibility of international law systems. While systems like the International Criminal Court exist to help aim for accountability, their power is limited, and it is ultimately up to the individual states. Global awareness and political pressure are essential to uphold the honor of international law. For readers wishing to explore this topic further, organizations such as the United Nations and Human Rights Watch provide ongoing reports and updates on the situation in Gaza.
References:
https://www.icrc.org/en/document/what-international-humanitarian-law
https://www.law.cornell.edu/wex/international_law
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