Writer: Haia Al Zein
Editor: Kaiya Opal Zurfluh
March 11, 2024
International law serves as a foundation that sets norms and rules between states. On the forefront of international law is the United Nations (UN) Charter, consisting of 111 articles organized into 19 chapters. The Charter is meant to be a notable document that outlines the rights and obligations of all 193 UN member states, meanwhile also being a model for global cooperation, peace, and security. The Charter intends to establish standards that must be met, with states theoretically being held accountable by the threat of condemnation and deterrence upon failing to do so. The UN has also created the Universal Declaration of Human Rights (UDHR) with 30 articles recognizing basic human rights that are essential for every individual ubiquitously throughout the globe. The Geneva Conventions include four conventions totaling 429 articles, all dictating international law, akin to the UN Charter and UDHR have been affected by armed conflict.
Regarding Gaza and Israel’s violations of international law, there have been breaches on both ends. When surveying a timeline from October 7th to the present day, we see the initial breakage of international legal relations was committed by Hamas. Hamas fired rockets at Israeli communities. This led to the injury of Israeli civilians and fatalities of roughly 1,200 individuals, including roughly 199 Israeli individuals who turned into hostages under Hamas. Hamas violated numerous rights under UDHR, one being Article 5, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
In retaliation, Israel began bombarding Gaza with carpet bombings, throwing white phosphorus and dumb bombs. Israel has been using collective punishment in an effort to exile Hamas from the Gaza Strip. Article 33 of the Geneva Convention states, “No protected person may be punished for an offense he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.” Israel is breaking Article 33 of the Geneva Convention by imposing harm to Gaza as a whole, as the majority affected by Israel’s actions are innocent civilians. The use of collective punishment in Gaza led to the death of family lineages and caused the north and south of the state to become unrecognizable.
The death count in Gaza has exceeded 30,000, and as mentioned roughly 1,200 Israeli deaths henceforth. Both ends have faced major losses, but the breakages of international legal standards have been disparate between both countries. The lack of accountability Israel and Hamas have faced in breaching international legal standards has provoked the question: how must the international community condemn such acts of violence while generating plausible change?
References
Batrawy, A. (2024, February 29). Gaza’s death toll now exceeds 30,000. Here’s why it’s an
incomplete count. NPR. https://www.npr.org/2024/02/29/1234159514/gaza-death-toll-30000-palestinians-israel-hamas-war
International Committee of the Red Cross. (2020, November 30). The Geneva Conventions
of 1949 and their additional Protocols. https://www.icrc.org/en/document/geneva-conventions-1949-additional-protocols
Lawless, J. (2023, October 19). Why Hamas and Israel are both alleged to have broken
international rules of war. PBS NewsHour.https://www.pbs.org/newshour/x/why-hamas-and-israel-are-both-alleged-to-have-broken-international-rules-of-war
United Nations. (n.d.-b). Universal Declaration of Human Rights | United Nations.
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