Experts say Hamas and Israel are committing war crimes in their fight

44

The ongoing conflict between Hamas and Israel has drawn scrutiny from international legal experts, who argue that both sides may be committing war crimes. The United Nations Commission of Inquiry is actively gathering evidence of war crimes by all parties involved, which could contribute to an investigation by the International Criminal Court (ICC) regarding past conflicts involving Israel and Hamas.

The intentional targeting of civilians and civilian infrastructure without a military necessity is considered a war crime under international law. This standard applies to both Israel and Hamas, according to David Crane, an American international law expert.

Even U.S. President Joe Biden, a staunch ally of Israel, emphasized the importance of adhering to the rules of war during a meeting with Jewish leaders. He urged Israel to operate within the boundaries of international law.

Regarding Hamas, there are allegations of grave abuses of international law, including shooting civilians en masse and taking hostages, as pointed out by Omar Shakir of Human Rights Watch. Cornell Law School professor Jens David Ohlin has argued that Hamas’s actions amount to war crimes and crimes against humanity under the ICC’s Rome Statute.

Amnesty International has called for accountability in the face of civilian massacres, emphasizing that war crimes must be investigated as part of the ICC’s ongoing inquiry.

Israel’s military response, characterized by airstrikes and a blockade of Gaza, has also raised concerns. Experts argue that the blockade, affecting over 2 million residents, constitutes a violation of international law as it amounts to collective punishment. The International Committee of the Red Cross and humanitarian organizations have criticized Israel’s actions, with Jan Egeland of the Norwegian Refugee Council deeming the evacuation order illegal.

Israel’s widespread airstrikes in Gaza, which have resulted in civilian casualties and damage to civilian infrastructure, could also come under scrutiny. Shakir noted reports of entire neighborhoods reduced to rubble and attacks on protected areas such as hospitals.

Israel contends that it follows international legal norms and targets legitimate military objectives. However, the challenging nature of the conflict, with combatants operating in densely populated areas, makes avoiding civilian casualties a complex endeavor.

The ICC may become involved in the situation, as it has asserted jurisdiction over territories occupied by Israel in the 1967 Mideast war, despite Israel not being an ICC member state. The ICC’s ongoing investigation into war crimes allegations from previous Gaza conflicts could encompass the current situation. However, Israel does not recognize the ICC’s jurisdiction, and the court lacks the means to execute arrest warrants.

In summary, the ongoing conflict between Hamas and Israel has raised serious concerns about potential violations of international law and war crimes by both parties. The situation is under investigation by the United Nations and the ICC, with calls for accountability and adherence to the rules of war from the international community.

Frequently Asked Questions (FAQs) about War Crimes in Israel-Hamas Conflict

More about War Crimes in Israel-Hamas Conflict

• United Nations Commission of Inquiry
• International Criminal Court (ICC)
• Human Rights Watch
• Amnesty International
• Cornell Law School
• International Committee of the Red Cross
• Norwegian Refugee Council
• Joe Biden statement
• Omar Shakir’s statement
• Jens David Ohlin’s analysis
• David Crane