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Israel and Palestine Conflict: The Crucial Role of International Law in Civilian Protection
Since Israel and Hamas are engaged in armed conflict, both parties bear the responsibility of adhering to International Humanitarian Law, which aims to safeguard civilians.
What is War Law / International Humanitarian Law?
International humanitarian law (IHL), also known as the law of war, sets out rules that apply to all nations during armed conflicts. These rules are designed to protect civilians, ensure the humane treatment of prisoners of war, and establish guidelines for conduct in times of war. The foundation of IHL is the Fourth Geneva Convention from 1949, which focuses on the protection of civilians in conflict, and additional protocols added in 1977 and 2005 to further enhance these rules.
In the situation of Israel and Palestine conflict how international law plays a role?
Contrary to the popular saying 'everything is fair in love and war,' International Humanitarian Law (IHL) unequivocally prohibits actions that violate its rules during times of armed conflict.
Since Israel and Hamas are engaged in armed conflict, both parties bear the responsibility of adhering to International Humanitarian Law, which aims to safeguard civilians. It is important to note that one party's violation of the law does not justify the other party violating it. Both must ensure the protection of civilian lives.
Hospitals have been attacked, and civilians, including medical professionals and children, have died. What's the International Law's stance on this?
Ensuring the safety of the civilian population is a fundamental principle of IHL. The attacks on hospitals, medical personnel, and civilians are considered war crimes.
IHL Rule 25 clearly says "Medical personnel exclusively assigned to medical duties must be respected and protected in all circumstances."
IHL Rule 35 states that "Directing an attack against a zone established to shelter the wounded, the sick and civilians from the effects of hostilities is prohibited."
There are allegations on Hamas group using civilians as human shields. what is this in the purview of IHL?
The use of human shields is indeed a violation of International Humanitarian Law. IHL Rule 97 clearly states that "the use of human shields is prohibited."
It is a common belief that Israel's airstrikes in Palestine are in self-defense so what role does International Law play in regulating self-defense?
Israel has the right to defend but IHL principles emphasize the need for proportionality and distinction in the use of force. This means that any action taken in self-defense must be proportionate to the threat faced, and efforts should be made to minimize harm to civilians who are not taking part in hostilities. This is a fundamental aspect of IHL and applies to all parties involved in an armed conflict.
What is the role of International Criminal Court in this situation of Israel and Palestine conflict?
The International Criminal Court (ICC) has a significant role in the Israel-Palestine conflict situation. The ICC can investigate and prosecute individuals, including the Prime Minister and government officials involved in serious international crimes, such as genocide, war crimes, and crimes against humanity, following an investigation initiated by the ICC prosecutor, or through a representation of the United Nations, or by a representation of a country that's an ICC member within its territory or involving its citizens. For instance in March 2023, the International Criminal Court issued an arrest warrant against Russian President Vladimir Putin on allegations of war crimes.
Why ICC has not taken any action yet for the alleged genocide and war crimes?
This question should be asked to the ICC prosecutor or the United Nations as they will be in a better position to answer this.
What are the rules of IHL concerning the use of phosphorus weapons with the intention of safeguarding civilians?
There are fundamental principles that mandate the protection of civilians from the impact of all military operations, and it is absolutely prohibited to target civilians with any weapon.
The use of weapons containing white phosphorus, like any other weapon, is governed by the fundamental rules of international humanitarian law.
What are the IHL guidelines on Schools and Hospitals in the event of doubt that the military took shelter in such buildings?
In the event of doubt the law says that it shall be presumed civilian properties not to be used by the military and shall not be attacked.
IHL Article 52(3) clearly states that, "In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used."
We shall protect the law and law protects us!
Ali Mohammed
International Law Expert.
Alumnus-Nalsar University of Law, Hyderabad.
