Is International Humanitarian Law Subjective or Neglected When It Comes to Palestine?
References to international law by politicians and media continue to highlight the significance of its role in the attack on the Gaza Strip. However, events that have transpired over the past months have raised questions about the actual implementation of the law. International humanitarian law (IHL) encompasses the principles and rules that regulate the means and methods of warfare, as well as the humanitarian protection of civilian populations, sick and wounded combatants, and prisoners of war. As Israel’s atrocities against Palestine continue to aggravate, one is left to wonder about the significance that is actually withheld by the statement within the context of Palestine.
The demands of international humanitarian law i.e., civilians must never be attacked deliberately or indiscriminately, hostages must not be taken, civilians mustn’t be punished for the actions of individuals or humanitarian assistance may not be denied to civilians are applicable to all states across the world. It is also imperative to note that the law is unreciprocated, i.e., violations from one side don’t legitimize a breach from the other side, thus contrary to the rhetoric on pro-Israeli media, the crimes committed by Hamas don’t have any effect on the position of Israel within the upholding of international law.
The international community, rightfully so, voiced concerns over the breach of the law during Russia’s invasion of Ukraine, however barring certain exceptions, the West remains largely muted over the situation in Gaza. What is also appalling is that the violations are not recent, Israel’s breach of international law has been going on for the past 56 years. Ranging from the use of excessive force to the unlawful settlements and displacement of Palestinians, Israel has repeatedly breached IHL for its political gains.
Under the IHL, the state of Israel can be accused of committing a plethora of war crimes, however, instead of being put at least on trial, Israel continues to gain support from major Western powers such as the U.S. Israel’s unquestioned hegemony is a manifestation of a broader anti-Arab sentiment in post-9/11 foreign policy. If we are to live in a fair and just world, it must be questioned on all grounds.
The laws that apply to detest the atrocities of Hamas or Russia in Israel and Ukraine, respectively, also apply to the “state” of Israel as it continues to violate the rights of Palestinian civilians. Even if one gives Israel the benefit of the doubt and assumes its crimes aren’t effectively illegal, it must be put on trial. Just as the popular media rightfully so questions the motives of Hamas, it must also subject Israel’s actions to skepticism. Silence on the subject matter is a docile acceptance of atrocities.
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