Gaza and International Law
Summary: while the UK government continues its support for
Israel’s war against Gaza and as civilian casualties mount inexorably
claim and counter-claims have been made about the role of international
law in the conflict; today’s newsletter makes abundantly clear there
should be no confusion.
We thank Sir Vincent Fean and Mike Scott-Baumann for permission to republish their analysis
in today’s newsletter. For more on the work of the Balfour Project
which advocates for peace, justice and equal rights in Palestine/Israel
we direct you to the website. Here is the website for SOAS Influencing the Corridors of Power project.
As the crisis in Gaza, Israel and the West Bank intensifies daily, it
is vital for the international community to stop this war, uphold
international law, support Israelis and Palestinians and work towards
lasting peaceful solutions in Israel and the Occupied Palestinian
Territories (OPT). The well-being of all those in the region is at
stake, and their safety can never be achieved by violence. Four points
of international law need emphasising, which are explained in the open letter concerning Gaza to the Prime Minister, Foreign Secretary and Defence Secretary 26 October 2023 from lawyers and others.
First, the actions of Hamas in Israel – the murder of hundreds of civilians and other atrocities – are crimes against humanity.[1]
They are also war crimes, as is the taking of hostages. Under the
Geneva Conventions, Hamas’ actions cannot be justified by any previous
acts of war by Israel. Furthermore, under international law, Hamas’
actions do not justify crimes by Israel (UK lawyers’ letter, p. 5). [2]
Second, Israel has the right in international law to
respond in self-defence to the attacks of 7 October 2023. However, such
responses must distinguish between civilians and combatants and
therefore avoid such blanket techniques as area bombardment and the
damage of civilian infrastructure such as hospitals.
Third, in armed conflict, the civilians of Gaza have
the right to protection according to the framework that governs how
nations respond to attack. Whatever the provocation, every nation is
bound to comply with the rules of war (UK lawyers’ letter, p. 6). These
were established to limit the harm that can be inflicted on other human
beings, however strong the desire for retribution. The complete siege of
Gaza, the evacuation orders and the population transfers are violations
of international law.[3] Depriving over two million civilians (almost half of whom are children) of food, water and fuel is a war crime.[4]
Fourth, the UK itself must not violate international humanitarian law.[5]
This means the UK must be gravely concerned and not encourage, aid or
assist such violations. Furthermore, UK nationals who aid and abet
international crimes are liable for prosecution both in the UK and
before the ICC.[6]
We call on all peers and MPs to urge HM Government to fulfil its
obligations under the Geneva Conventions, condemn the killing of all
civilians and to support all measures required to prevent further
killings [7] These must include:
- an immediate humanitarian cease-fire by all belligerents
- the release of all hostages
- providing unrestricted aid to civilians in Gaza – fuel, clean water, food, medical help and supplies
- protecting the human rights of both Israelis and
Palestinians, including guaranteeing the right of forced transferees to
return home
- working with partners for a definitive resolution of
the conflict realising the Palestinian right to self-determination and
mutual security for both peoples
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