The Failure of the International Community to the Palestinians
Israel’s continuous bombardment and targeting of Palestinians have killed more than 35,000 people, predominantly women and children. In 180 days, Israel has continued to carry out deadly and targeted attacks on all regions of Palestine, completely eradicating and demolishing the strip.
The constant attack, devastation, and continuous ethnic cleansing of Palestinians has sparked international outrage resulting in widespread protesting for an immediate ceasefire and end to the Israeli occupation of Palestine.
International Law
The creation of international law functions as a set of laws, regulations, and policies that govern the relations and conduct of sovereign states with each other, as well as distinct international organizations. Different international bodies, such as The United Nations, and World Trade Organization are responsible for overseeing such issues. Generally, international law’s goal is to promote peace and order among nations and to operate amongst the existing governing states’ consent. International law provides a framework for the behavior and actions of states and individuals in the international world. The law provides a framework for solving conflict, protecting human rights, promoting economic development, and addressing current issues affecting global diplomacy. Hugo Grotius referred to as the father of international law, published the foundational “War and Peace” to lay the foundation and principles of state and individual sovereignty. Grotius argued that the nations within the international world are bound by a set of universal principles derived from natural law. Grotius argued that although such states are bound by a set of laws and regulations, each should govern their style of conduct and regulation within their legal system. His publications have empowered international law to influence how states address internal and external disputes conflict and ensure states uphold their obligations and norms.
Genocide Convention
Article 2 of the 1948 United Nations Convention on the Prevention and Punishment of Crime and Genocide defines genocide as “Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, race or religious group.” The basis of Prevention and Punishment of Crime and Genocide Act was passed in response to the Holocaust, the ethnic cleansing, and mass killings of Jews in Germany during the early 1940s. Ironically enough, during the year 1948, the Nakba occurred. The Nakba, meaning “catastrophe” in the Arabic language refers to the mass displacement and killing of the Palestinians during the Arab-Israeli war of 1948. Prior to the Nakba, Palestine consisted of a multi-ethnic and multi-cultural society of Arabs, Christians, and Jews. The United Nations passed a resolution in response to the 1948 Nakba by introducing a “two-state” solution. Ironically, the same year the genocide convention was passed, was the same year Israel began the mass extermination and ethnic cleansing of Palestinians. Without punishment, or accountability for their actions, Israel was let off with no “warning” and continued the ethnic cleansing of Palestinians till the current time.
Flaws of International Law
Although the fundamentals of international law are “well-respected” and “obliged” amongst state actors in the international community, several states have found themselves committing crimes against current statutes of international law such as: acts of genocide, human right violations, and acts of war. If a state is to commit crimes against human right doctrines and international law, they are subjected to punishment and accountability for their actions and consequences. More recently, with the worsening of the Palestinian-Israeli conflict, leading to the ethnic cleansing of Palestinians, Israel has not been subjected to punishment nor held accountable. Israel has continuously denied international law and defied the International Court of Justice ICJ) inn ruling to prevent the continuation of the genocide by failing to allow international aid and humanitarian aid into the strip/areas. The ICJ ordered “immediate and effective measures” to protect the Palestinians in the occupied areas and occupied Gaza Strip from genocide and prevent any further actions of genocide committed by Israel. However, Israel has publicly denied and defied the orders from the ICJ and has allowed for the genocide of Palestinians to continue.
International court response
The International nation-states and international law have failed the Palestinians through the U.S. vetoing the United Nations resolution calling for an immediate humanitarian cease-fire in Gaza and the lack of accountability for Israel’s crimes. Israel has continued to commit crimes of international law, human right violations, and acts of war since the 1948 Nakba against the Palestinians. The crimes of Israel have continued due to the lack of punishment and accountability ensured by the international community and UN convention. Not only is this a flaw of international law, but a moral issue of the community. Allowing a state to continue committing crimes without punishment nor accountability results in a lack of authenticity and respect for international law, and the international community/actors.
The United Nations and the international community abide by international law, promoting the following moral code. However, with the continuing Palestinian genocide committed by Israel and the Israeli defense forces, the authenticity and accountability of international law are in question. The ethnic cleansing of Palestinians by the Israeli government and defense forces is one of the most critical international conflicts that have occurred, complicating the genuity of international law and human rights treaties. President Joe Biden has repeatedly reiterated the U.S. will continue to support the Israeli’s defense forces against Hamas and the Palestinians for however long it is needed. The country of Israel has committed several human rights violations and crimes of war during the past 75 years and has yet to have been subjected to notable punishable actions.
South Africa recently took Israel to international criminal court for committing acts of genocide and war, and for violating several human rights. With exceptional and clear evidence provided by South Africa to indict Israel, the international courts did not subject punishment nor hold Israel accountable for their crimes. The international criminal court simply “advised” Israel to limit and lower the death toll rather than implement a humanitarian ceasefire and punish Israel. As a result, Israel has continued to commit mass murder of Palestinians and devastate the Palestinian land and country.
The international community must reach a consensus on strong accountability actions to condemn the horrific acts made by Israel towards the Palestinians and provide urgent steps for an immediate ceasefire, and immediate action towards punishment. The international community must take proactive steps to ensure accountability and responsibility for the crimes committed by international actors and states. Not only is ensuring accountability and responsibility important to upheld human rights but will prompt stability and authority within the international community.