By the time the shooting stopped, more than 100 Palestinians had been killed for every Israeli who died. Was every death lawful? And, if not, where does the fault lie?
Did Israel – or its enemy, Hamas – commit war crimes during 22 days and nights of aerial assault, rocket launches and ground fighting in Gaza? In one sense the question is academic, because Israel will not recognise the conflict as an international one, and has not signed the 1977 Geneva protocol designed to apply to the victims of internal conflicts. But international lawyers say general principles can be drawn from the laws of war, which may have been violated in several ways.
The main issues are these:
Proportionality
Up to 10 times as many Palestinians were killed as Israelis. The Palestinian Ministry of Health says 1,314 Palestinians were killed, of whom 412 were children or teenagers under 18, and 110 were women. On the Israeli side, there were 13 deaths between 27 December and 17 January, of whom three were civilians killed by rockets fired from Gaza. Of the 10 soldiers killed, four were lost to "friendly fire".
Even if the Palestinian figure is disputed, it is clear that the death toll was massively higher for Palestinians than Israelis. Proportionality is not simply a matter of numbers, however. There will also be a debate over whether the destruction wrought by Israel's huge land, sea and air arsenal was proportionate to the threat posed by Hamas militants to civilians – itself also a violation of international humanitarian law.
With foreign journalists barred from Gaza by Israel throughout the war, it is especially hard to come by hard information on the exact circumstances in which all civilian casualties were caused. But unofficial comment from senior military officers in the Israeli media have suggested that a deliberate choice was made to put the protection of its soldiers first, and that of civilians second. If true, it appears to have been successful, but even if it wasn't, the "collateral damage" inflicted on civilians appears to have significantly exceeded the norms even of previous Israeli operations in Gaza, suggesting looser rules of engagement for military operations.
The head of Human Rights Watch, Kenneth Roth, pointed out that there was an "expansive" definition of military targets, to include civilian government offices, police stations and the parliament building, on the grounds they at least indirectly helped Hamas.
I was surprised to learn that Israel "has not signed the 1977 Geneva protocol designed to apply to the victims of internal conflicts". It cannot be tolerated to allow a state a licence to abuse human rights. Surely, Israel is not laying claim to being civilised?
UPDATE: From Cherrypie in the comments "Amnesty International have a very interesting document explaining international humanitarian law, the law of occupation etc It goes on to explain the actions and the war crimes that have taken place during the latest conflicts".
It can be found here.
Amnesty International have a very interesting document explaining international humanitarian law, the law of occupation etc It goes on to explain the actions and the war crimes that have taken place during the latest conflicts.
ReplyDeleteIt can be found here.
Cherrypie: Thanks for that useful link.
ReplyDelete