The extremely bloody conflict between the Islamic Hamas and Israel raises many questions. In addition to soldiers and fighters, many civilians on both sides are injured, killed or kidnapped. What does international humanitarian law say, and where does the limit of war crimes lie?
International law also applies to the war between Israel and Hamas. The basic principle of so-called international humanitarian law – the international rules of war – is in all cases that civilians must be protected as much as possible. Attacks may only be carried out on military targets. Below are the most important questions.
How should the use of human protective shields be assessed?
Anyone who uses civilians to protect military objectives is clearly committing a war crime, said Anna Petrig, an international law expert at the University of Basel. “That is never allowed.” Against this background, Hamas’s request to the people of the Gaza Strip not to leave the northern half despite Israeli warnings also seems problematic. Can Israel attack targets even when civilians are in danger? In principle yes, says international law expert Petrig. As long as it concerns a military objective, there is initially no legal objection to this.
Civilian collateral damage should be proportionate to the military advantage gained. The destruction of a major military airport therefore justifies more civilian casualties than the attack on a small military position.
Can Israel cut off gas and water to residents of the Gaza Strip?
Such a siege would constitute “collective punishment” of civilians, which is strictly prohibited under international law, UN Human Rights Office spokeswoman Ravina Shamdasani said. Petrig, on the other hand, says: “Siege is not essentially a forbidden method of war.” However, if the goal was to starve the population, it would be prohibited and even a war crime.
“But there are gray areas,” said the expert. It is unclear in international law whether it is sufficient for famine to be a side effect of the siege – or whether famine should be the goal itself.
How should the call for mass evacuation in Northern Gaza be classified?
Israel’s order to evacuate the northern Gaza Strip, along with the siege, violates international law, the ICRC found. The Red Cross argued that the population in the densely populated coastal strip had no chance of finding safety elsewhere. How should an Israeli ground offensive in Gaza be assessed?
The same applies here: as long as military objectives are in sight and the number of civilian casualties is not disproportionate, a state may also act in very densely populated areas. According to Petrig, the assessment of proportionality is not tied to a fixed upper limit for civilian casualties.
How does Israel argue?
President Izchak Herzog has emphasized that the Israeli army strictly adheres to international law. “But we are at war,” he added. “And we will fight until we break their back,” he said of the Islamist Hamas. The Israeli army emphasizes that there is no “area bombing” in the Gaza Strip.
Each target is said to be linked to Hamas. When civilians die, it is unintentional. The call for a mass evacuation of the northern Gaza Strip is justified in Israel as a protective measure for the civilian population.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
