Daily Times

Amid the tragic events in Gaza, a pertinent question to the fore: What provisions does international law offer in this situation?

According to the 4th Geneva Convention, the Gaza Strip is recognized as an area with Protected Persons. This designation applies to individuals who are not citizens and find themselves at the mercy of a force during a war, occupation, or conflict.

Under the Geneva Conventions, specifically Article 33, there is a strict prohibition against “collective punishment” and similar acts of intimidation affecting any population. Reports are suggesting that Israel is conducting air strikes and shelling on civilians in Gaza under the guise of “collective punishment.”

Furthermore, Article 20 of the Geneva Conventions explicitly prohibits reprisals against protected persons, a principle further underscored in the Brussels Conference of 1874.

It is important to emphasize that Article 2 of the Geneva Conventions does not condone retaliation under any circumstances. Therefore, given the designation of the Gaza Strip as an area with Protected Persons, the actions taken by Israel raise serious concerns regarding adherence to international humanitarian law.

The legal position is clear: Palestinians are not acting in Israel but in occupied Palestine.

No civilian should be held accountable for the actions of another person. Doing so would be a violation of international law, as defined by the Geneva Convention, which considers it a war crime. Before the Geneva Convention, there were no such prohibitions against such actions. Both, Britain, in its war against South Africa and Germany, in World War I, justified inhumane attacks by claiming that the law permitted them. This led to the prohibition of such actions in future conflicts, as outlined in the Geneva Convention.

Currently, Israel’s actions in Gaza are once again shaping history, and it’s concerning that world powers are supporting these actions, which are an affront to global humanity. Additionally, according to Article 17 of the Additional Protocol to the Geneva Conventions, the local population is responsible for caring for the injured, and no punitive action should be taken against them for doing so.

Israel has been accused of attacking hospitals in Gaza, resulting in their destruction and harm to patients. According to Article 16 of the Geneva Convention on the Protection of Civilian Population, injured and sick individuals should receive special treatment.

Israel claims that the hospitals were being used for military purposes, but they have not provided evidence to support this claim. The question arises: what role does international law play in this situation? The answer can be found in subsection 3 of Article 52 of the Additional Protocol to the Geneva Conventions that provides that In the event of doubt as to whether or not a place dedicated to civilian purposes is being used to effectively support a military operation, it shall be presumed not to be so used.

The St. Petersburg Declaration of 1868 emphasizes that the only legitimate aim is to weaken the military forces of the enemy, and that targeting civilians is unacceptable. This principle is also echoed in subsection 2 of Article 52 of the Geneva Convention Additional Protocol 1.

Furthermore, Article 3 of the Universal Declaration of Human Rights asserts that everyone has the right to life, liberty, and security of person, a principle reiterated in Article 2 of the European Convention.

Similarly, Article 22 of the Hague Rules of Air Warfare prohibits Aerial bombardment to terrorize the civilian population, of destroying or damaging private property not of a military character, or of injuring non-combatants.

Article 25 of the Hague Convention IV prohibits the attack or bombardment of towns, villages, and residential areas by any means.

Article 25 of Hague II (29 July 1899) also prohibits the attack or bombardment of towns, villages, and residential areas.

The League of Nations declared in a unanimous resolution on September 30, 1938, that attacks on the civilian population were illegal.

Customary international law consists of powerful principles that are binding on all countries, regardless of whether they have ratified them or not. Certain rules of Customary International Law are considered automatically applicable in every dispute at all times. According to these laws, the target of attacks can only be military targets, the civilian population cannot be attacked, it is necessary to distinguish between civilians and fighters, the property of civilians cannot be destroyed, and indiscriminate attacks cannot be carried out.

The International Military Tribunal, created as a result of an agreement signed on August 8, 1945, between the governments of the United States, Great Britain, France, Northern Ireland, and the Soviet Socialist Republic, defined war crimes and determined that violations of Customary International Law were also war crimes.

The adoption of Resolution 242 by the Security Council on November 22, 1967, was a historic moment, as it called on Israel to vacate the occupied territories. The resolution was passed unanimously, with not a single vote against it and no countries abstaining, including the United States. Despite Israel’s promise to implement the resolution, it has not vacated the occupied territories, including Jerusalem.

International law, including resolutions such as 181, 194, 2252, and Security Council resolutions 242, 672, and 2334, has unequivocally declared the occupation illegal. The legal position is clear: Palestinians are not acting in Israel but in occupied Palestine, which Israel has illegally occupied.

Evicting Palestinians from their lands and establishing Israeli colonies there is illegal under the Hague Resolution and constitutes a war crime under the International Criminal Court and the Rome Statute.

In light of these legal principles, the question arises as to what rights international law gives to the Palestinians. General Assembly resolution No. 37/43 has provided a clear response, affirming the Palestinians’ right to engage in an armed struggle against Israel’s illegal occupation.

This represents a significant recognition of the rights of the Palestinian people against illegal occupation.

The writer is a lawyer and author based in Islamabad. He tweets @m_asifmahmood