by Giuseppe Paccione
From the day the Hamas group entered Israeli territory and committed all kinds of illegal acts against innocent people, the first thing Israel exclaimed was the expression “we are at war!”, with the implication that a declaration of war would result in the Tel Aviv government being entitled indefinitely to react in any way he deems appropriate, regardless of the consequences this may cause.
The moment an armed conflict or territorial occupation begins, in this specific case, the application of the rules of the international law of armed conflicts or humanitarian law is triggered, a branch of general international law that binds every party involved, including the actors non-state ones like Hamas et al. The role of international human law is to protect individuals who do not directly take part in hostilities and imposes limits on the instruments and methods of warfare that are used by the parties involved. The rules of the law of war are imposed by a range of instruments, namely international treaties, such as the Geneva Conventions of 1949 and binding international law.
Since every state actor not must comply with the aforementioned Conventions, unfortunately it becomes difficult to decipher the conflicting responses that in recent days have come from some countries of the Old European Continent and from the United States. First, the diplomatic language of the US government which can be interpreted as if it is telling the government in Tel Aviv that it can do what it deems necessary with the support of the authorities in Washington DC, but that it must comply with the application of the provisions of the laws of war; not only that, but he cautioned the Israeli government to outline its political objectives and ponder what might happen after military action. The US government fears that the Israeli state will be drawn into a quagmire in Gaza that will be long and bloody and will cause a weakening of US influence in the Middle East.
The United States considers the occupation of Gaza to be a mistake, but considers it necessary to eliminate the extremists operating within Hamas, a terrorist organization, while favoring the opening to recognize Palestine as a state entity.
The German government, however, has asserted that its responsibility deriving from the Holocaust is intended to remind us that its task is to defend the existence of Israel, placing itself alongside the Israeli people. The problem is that her position could make her complicit in the crimes now being perpetrated against the Palestinian people.
The Tel Aviv authorities have announced the siege of Gaza, limiting access to basic necessities such as food, water and electricity, bombing some territorial strips where thousands of Palestinians have lost their lives. Israel's underlying reason is to push Hamas to release the hostages.
The cutting of the basic needs for the survival of civilians during an armed conflict such as hunger, the cutting of water and electricity supplies to the destruction of the territory of Gaza violate the norms and principles of the international law of armed conflicts. The combined forces of the Israel Defense Forces, (in primis) the killing of civilians and the targeting of civilian infrastructure, not to forget the use of dehumanizing language, raise the prospect not only of war crimes, but also crimes against humanity and even genocide is presumed.
The Israeli government considers it important to emphasize that the north of the Gaza Strip must be completely liberated from the non-state actor Hamas, and then proceed towards the south. Another aspect concerns the movement of displaced Palestinian civilians on which there is no indication from Israel. This expulsion of Palestinian citizens constitutes a mass collective punishment that is absolutely prohibited by the international law of armed conflict, which may pose a real risk of irreparable harm to life and personal integrity for the Palestinian population.
The warning by Israeli forces to evacuate the territorial strips of Gaza does not exempt the Tel Aviv government from its obligations and responsibilities established by international humanitarian law which prohibits any act or threat of violence whose aim is to instill terror among the people Palestinian. The rules are within reach, so Israel, like it or not, must comply with them, without "ifs" or "buts". This also applies to non-state actors such as Hamas and other groups. There must be respect for the laws of war and, in particular, the humane assistance that must be provided to civilians at all times.
Regarding structures such as civil hospitals, they enjoy special protection, that is to say that they are considered objects of protection from attacks, as stated in the Hague Regulations of 1899 and 1907, defining them as assets to be saved from sieges and bombings. . Even the IV Geneva Conventions of 1949, the additional Protocol I and Protocol II which contain detailed protection regulations for civil hospitals, should not be overlooked. Hospitals lose theirs status civil if such health facilities are used for military purposes and in this case they can only be targeted when militarily necessary, however such action must always remain within the framework of respect for the principles of humanity, proportionality and distinction. The principle of humanity imposes the obligation not to inflict unnecessary suffering, injury or destruction for legitimate military purposes.
I believe, to conclude, that in this difficult moment it is necessary to urgently and immediately give space with the temporary suspension of the fighting to allow the opening of a humanitarian corridor and the start of a serious negotiating table for the release of the hostages .
If the Parties to the conflict had followed the rules of international law to the letter from the beginning, many people on both sides would still be alive today, but hatred and anger have overshadowed the only international instrument of guarantee and security of both peoples. Unfortunately, even today, the words of St. John Paul II when, during the first Gulf War, he said: “war is an adventure of no return”.
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