The Human Cost of Violence in Israel and Palestine: Examining the Failure to Uphold International Law

Israel/Palestine: Devastating Civilian Toll as Parties Flout Legal Obligations

Introduction

In the ongoing conflict between Israel and Palestine, devastating civilian casualties continue to mount as both parties flout their legal obligations and disregard international law. The recent assault by Palestinian armed groups on October 7, 2023, resulted in the deaths of several hundred Israeli civilians and triggered Israeli counterstrikes that killed hundreds of Palestinians. The deliberate killings of civilians, hostage-taking, and collective punishment by both sides are heinous crimes that have no justification, according to Human Rights Watch.

Gaza and Israeli Repression

This latest escalation of violence highlights the deep-rooted issues of repression and oppression faced by Palestinians in Gaza and the occupied territories. Israeli authorities have systematically repressed Palestinians for decades, with a crushing closure imposed on Gaza’s population since 2007. On October 7, Israeli authorities announced the cutoff of electricity to Gaza’s 2.2 million residents. This action, coupled with other punitive measures, amounts to unlawful collective punishment and a war crime under international humanitarian law.

Furthermore, the Palestinians in the Occupied Palestinian Territory (OPT) have faced unprecedented repression. Israeli authorities have killed more Palestinians in the West Bank in 2023 than in any previous year since the United Nations began systematically recording fatalities in 2005. The number of Palestinians held in administrative detention without charges or trial has reached a 30-year high. The Israeli government’s systematic oppression and inhumane acts against Palestinians, aimed at maintaining dominance by Jewish Israelis over Palestinians, amount to the crimes against humanity of apartheid and persecution.

Laws of War and Violations

During previous rounds of hostilities, both Israeli forces and Palestinian armed groups have committed serious violations of the laws of war. Israel has repeatedly carried out indiscriminate airstrikes that result in the death of civilians, even wiping out entire families. They have also targeted civilian infrastructure, including high-rise buildings in Gaza, without evident military targets nearby. These actions by Israeli forces violate the laws of war and must be condemned.

On the other hand, Palestinian armed groups have launched thousands of indiscriminate rockets towards Israeli population centers. These attacks also violate the laws of war and amount to war crimes. Human Rights Watch has called for Palestinian armed groups to cease these unlawful attacks, but they continue to disregard international law.

The Role of the International Criminal Court

In 2021, the International Criminal Court (ICC) opened a formal investigation into serious crimes committed in Palestine. This investigation is crucial during the current fighting, as it highlights the urgent need for justice. The ICC Office of the Prosecutor must accelerate its investigation into the serious crimes committed by all parties in Palestine.

The lack of accountability for these serious abuses is a major contributing factor to the continuation of violence and the shedding of civilian blood. The international community must take steps to ensure that human rights are respected, and those responsible for war crimes are held accountable.

Conclusion

The ongoing conflict between Israel and Palestine has resulted in a devastating toll on civilian lives. Both parties must adhere to their legal obligations and respect international law. The deliberate targeting of civilians, indiscriminate attacks, and collective punishment must cease immediately. Additionally, there must be accountability for the serious abuses committed by both Israeli forces and Palestinian armed groups.

The international community, including the United Nations and the ICC, must play an active role in promoting justice, upholding human rights, and bringing an end to the cycle of violence in Israel and Palestine. Without accountability and respect for international law, the repression and shedding of civilian blood will continue unabated.

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