Central Idea

The ongoing conflict between Israel and Palestinian forces, triggered by Hamas’ barbaric assault, has resulted in a distressing and increasing death toll on both sides.
This conflict operates within a multifaceted international system of justice that has evolved since World War II.

Various War Crime Laws

1949 Geneva Conventions: Internationally accepted rules of armed conflict emerged from these conventions, ratified by all UN member states and complemented by decisions at international war crimes tribunals.
“Law of Armed Conflict”: A series of treaties collectively known as the “Law of Armed Conflict” or “International Humanitarian Law” governs the treatment of civilians, soldiers, and prisoners of war. It applies to both government forces and organized armed groups, including Hamas militants.
ICC Jurisdiction: The International Criminal Court (ICC) in The Hague holds the authority to bring charges against alleged perpetrators if domestic courts do not or cannot do so.

Establishment: The ICC, a permanent war crimes tribunal, was established in 2002 in The Hague. It has jurisdiction over war crimes, crimes against humanity, and genocide committed in its 123 member states or by their nationals.
Notable Absences: Major global powers like China, the United States, Russia, India, and Egypt are not ICC members. Israel rejects the court’s jurisdiction and does not formally engage with it.
Ongoing Investigation: ICC prosecutors have been investigating allegations of war crimes and crimes against humanity in the occupied Palestinian territories since 2021, although no arrest warrants have been issued.

Deliberate Targeting of Civilians: Human Rights Watch identified potential war crimes, including the intentional targeting of civilians, indiscriminate rocket attacks, and the hostage-taking of civilians by Palestinian armed groups.
Israeli Counter-Strikes: Israeli counter-strikes in Gaza, resulting in the deaths of numerous Palestinians, could also fall under scrutiny as potential war crimes.
Geneva Conventions Prohibitions: The Geneva Conventions explicitly prohibit acts such as taking hostages, murder, and torture, regardless of the conflict’s complexity.

Right to Respond: US President Joe Biden acknowledged Israel’s right and duty to respond to the conflict while emphasizing the importance of acting within the rule of law.
Siege Considerations: A siege may be considered a war crime if it disproportionately targets civilians rather than undermining Hamas’ military capabilities or if it is found to be disproportionate.
Proportionality: Attacks on military targets must be proportionate, meaning they should not result in excessive civilian casualties or damage compared to the expected military advantage.

The Israel-Palestine conflict unfolds against a backdrop of intricate international legal frameworks and considerations.
Navigating the complexities of determining war crimes in this context requires a meticulous examination of actions on all sides, considering proportionality, deliberate targeting of civilians, and adherence to the Geneva Conventions.
As the conflict’s toll continues to rise, scrutiny of potential violations of international humanitarian law remains essential for justice and accountability.