Is everything fair in love and war? Revisiting the Geneva Conventions and Israel’s military campaign in Gaza
With more than 21,000 Palestinian civilians killed as of 28 December 2023, we revisit how Israel violates international humanitarian laws which dictate the protection of civilians during wars or armed conflicts
The popular saying "all is fair in love and war" implies that social norms or accepted behaviour can deviate during these two polar opposite phenomena. But should everything really be fair in war? What do the international laws say?
International law, or the law of armed conflict, regulates war to minimise human suffering, especially for civilians, according to the International Committee of the Red Cross (ICRC). This complex system of treaties, customary laws and general principles binds all states, regardless of treaty ratification.
Key principles of the law of armed conflict include distinguishing the military from civilians, ensuring proportionality in attacks, prohibiting indiscriminate attacks and certain weapons, providing humanitarian assistance, and prosecuting war crimes. This framework aims to protect civilians and promote humane conduct during armed conflict.
The Geneva Conventions and its additional protocols form the core of international humanitarian law, according to the ICRC They set out fundamental rules for protecting civilians and wounded combatants and regulate the conduct of hostilities.
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So does Israeli military activities in the ongoing Israel-Hamas conflict abide by international laws?
After Hamas's attack on October 7, Israel promptly declared a state of war, moments before starting a bombardment campaign in the Gaza Strip reported several media outlets. To be honest, keeping its background aside is tough (the Council on Foreign Relations is a good source), but for an unbiased analysis, I am considering the start date of the war as 7 October 2023.
The Israeli government ratified a state of war under Article 40A Aleph, which is their constitutional provision that grants the Israeli government the authority to take measures necessary to fight a war, such as imposing curfews, mobilising the military, etc. They legally have the right to declare war against Hamas. But what they did afterwards has been a matter of human rights concern, wrote Cyrus Moulton for Northeastern University's magazine.
First, the Gaza Strip has been put under a complete siege by Israel. They cut off electricity and blocked the entry of food and fuel, causing suffering for everyone, including civilians. Israeli defence ministry justified this inhumane act by saying, "We are fighting human animals, and we are acting accordingly," according to a swathe of media reports.
This violates the provisions of International Humanitarian Law (IHL), rooted in the ICRC's Geneva Conventions. Its obligation applies universally to both governments and non-state armed organisations involved in a war, mandating the prohibition of indiscriminate strikes, the targeting of civilians and the implementation of collective punishment.
However, in Israel's total blockade of the Gaza Strip, more than 2 million people are innocent civilians. They are deprived of food, electricity, and fuel according to media reports.
According to Articles 13 and 32 of the Geneva Convention, during a war, "civilians are to be protected from murder, torture or brutality, and from discrimination based on race, nationality, religion, or political opinion." On 13 October 2023, the World Health Organisation (WHO) stated there were only "24 hours of water, electricity, and fuel left" before "a real catastrophe" took place in Gaza.
Israeli military activities, where civilians are not spared from the attack, continue to be in clear violation of these provisions of the Geneva Conventions. Israel took no liability for this gruesome mass causality, mostly the deaths of innocent civilians, including babies. A Washington Post's report on 13 November 2023 highlighted the Palestinian civilian casualty including that of infants in incubators who died as a result of power cuts by Israel at Gaza's Al-Shifa hospital.
Articles 33 and 49 imply that civilians cannot be subjected to collective punishment or deportation. According to media reports, the Israeli Defense Forces (IDF) warned all civilians in the Gaza Strip to move to the south with a request of 24 hours. The IDF bombed the Rafah crossing on 11 October, which was the only border that required evacuation. Salah al-Din Street, which was another evacuation road, was bombed as well, with 70 civilians killed.
Israel's siege and attack on Gaza's hospitals
Articles 14 and 18 address the care sector during a war. For the hurt, the elderly, the sick, children under 15, pregnant women and mothers of children under seven, hospitals and safety zones must be set up and protected. It is important to protect hospitals, doctors and other working people.
According to media reports, on 13 October, the IDF demanded that 20 hospitals in Gaza be evacuated. How can the critical patients—pregnant women, women who just gave birth—move? No solution was given from their side.
Four hospitals in Gaza were left inoperable due to a lack of power, electricity, and food. On 17 October, an explosion occurred at the Al Ahli Arab Hospital, which Israel blamed on Palestine. On 27 October, Israeli forces bombarded the Al Shifa Hospital and the Indonesian Hospital in Gaza. The Israeli forces aggressively attacked Red Cross ambulances, too.
Article 4 emphasises the protection of children and persons who do not participate in the war. The focal point is, "Children are to be evacuated to safe areas when possible and reunited with their families." As of December 28, more than 8,663 Palestinian children have been killed by Israeli forces in Gaza, while thousands more have been injured.
Articles 10, 11, 13, 14 and 16 directly forbid the attack on civilians and "objects indispensable to civilian survival," like irrigation systems, water systems, crops, fuel systems, power plants, etc. Israel's military campaign in Gaza since 7 October 2023 continues to be in clear violation of these articles too.
According to CNN and AFP reports the sole power plant in the Gaza Strip was forced to cease operations due to fuel shortages. Additionally, several buildings in and near the University of Gaza were bombed by Israeli forces. UNRWA chief Philippe Lazzarini at a press conference in mid-October said, "The supply of clean drinking water is running out, Gaza is running out of life."
It has not been too long since the war was declared. Israel, which has one of the most advanced military systems, one of the best intelligence systems, and one of the most powerful allies who aid its military, is attacking "open air prisoners" (as per Human Rights Watch) the civilians in the Gaza Strip, who have nowhere to escape in Occupied Palestine Territory.
The Israeli government claims that the withdrawal of ground soldiers from Gaza in 2005 ended its occupation. However, the Palestinians in Gaza still depend on Israel for the supply of their most basic needs, like water, electricity, food, and fuel. Israel has constantly controlled Gaza's airspace, territorial seas, supplies, people, goods, roads and infrastructure – according to media reports.
In the name of exterminating "terrorists," they are violating international war provisions. They are creating a human rights disaster. They are causing ethnic cleansing. And yet, they are being allowed to break international laws. How is this fair in a war?
Era Robbani is a Research Associate at the Centre for Peace and Justice, BRAC University. She can be reached at [email protected].
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.
