Gaza and International Law
Posted by jonathanfryer on Wednesday, 14th January, 2009
The United Kingdom has a duty under international law to exert its influence to stop violations of international humanitarian law in the current conflict between Israel and Hamas, according to a distinguished group of international lawyers headed alphabetically by Louise Arimatsu of LSE (who is a prominent LibDem activist), in a letter in today’s ‘Guardian’. Written in the measured cadences one would expect from such a group, the missive has some strong messages both for Hamas and for the Israeli army and government. It reminds both sides that attacks deliberately aimed at civilian populations are prohibited under international law, as are actions that do not discriminate between civilians and combattants. The use of civilians as ‘human shields’ is similarly forbidden.
The Guardian has followed up on the letter in a front page article which suggests that Israel may soon find its actions in Gaza being referred to the International Court of Justice (ICJ). Moreover, in an indication of just how far the excessive degree of force the IDF has used over the past fortnight has alientated normally sympathetic people in the West, a British Foreign Office official is quoted in the article confirming that the Labour Government would consider backing calls for a reference to the ICJ. ‘It’s definitely on the table,’ the source said. ‘We have already called for an investigation and are looking at all evidence and allegations.’
Meanwhile, attitudes against the Israeli offensive are hardening within the UN. ‘There is a well-grounded view that both the initial attacks on Gaza and the tactics used by Israel are serious violations of the UN charter, the Geneva conventions, international law and international humnaitarian law,’ according to the UN’s special rapporteur on the Palestinian territories, Richard Falk. These points have been taken on board by the Liberal Democrat leadership in Britain, as was clear from a meeting I and a couple of colleagues had with Nick Clegg and his advisors yesterday.
Strong international action to rein in both Israel and Hamas (or whichever extremist groups are firing the rockets into Israel) is an urgent priority. But the awfulness of the situation in Gaza should not blind us to the fact that a simiarly unacceptable violation of international law has been going on in the occupied West Bank for over 40 years now. Nearly half a million Jewish settlers have moved in, large swaths of Palestinian land have been effectively annexed by the monstruous security wall, and there has been an unremitting assault by the IDF and some Israeli settlers on the livelihoods, homes and dignity of the Palestinian civilian population. These realities need to be loudly and repeatedly condemned.
Link: www.guardian.co.uk
