War Crimes in Gaza

Why in news?

More than a week into their fourth war, Israel and the Hamas militant group already face allegations of possible war crimes in Gaza.

Which side is breaching the international law??

International law prohibits targeting civilians or using indiscriminate force in civilian areas.
Israel says Hamas is using Palestinian civilians as human shields, and critics say Israel is using disproportionate force.

It is hard to say who is right, especially in the fog of battle.
The firing of hundreds of imprecise rockets into Israel by Hamas and other Palestinian groups is fairly clear-cut.
But in Gaza, where 2 million people are packed into a narrow coastal strip, the situation is far worrying.

Why is the situation worse in Gaza?

Both sides operate in dense, urban terrain because that is all there is.
Tight space and intense bombardments is the reality there.
So, there are few safe places for Gazans to go.
A blockade imposed by Israel and Egypt after Hamas seized power in 2007 makes it virtually impossible to leave.

What role does Hamas play?

As a grassroots movement, Hamas is deeply embedded in Palestinian society.
Its political operation and charities are separate from its secretive armed wing.
Israel and Western countries view Hamas as a terrorist organization.
But it is also Gaza’s de facto government.
It employs tens of thousands of people as civil servants and police.
So just being connected to Hamas doesn’t mean someone is a combatant.
In fact, there are many in Gaza who oppose the group.
But all are equally exposed with nowhere to run.

What are the key violations of international law?

Earlier in 2021, the International Criminal Court launched an investigation.
This was to look into possible war crimes committed by Israel and Palestinian militants during the last war, in 2014.
Both sides already appear to be using the same tactics in this one.
One of them is the urban combat.
Palestinian fighters are clearly operating in built-up residential areas.
They have positioned tunnels, rocket launchers and command and control infrastructure in close proximity to schools, mosques and homes.
This is to benefit from protections afforded to noncombatants during war.
Other issues are to do with proportionality and underground army.

What is the issue of proportionality?

Israel’s critics often accuse it of the disproportionate use of force.
Israel is an undeclared nuclear power, and it is the region’s most powerful military.
This is waging war on a militant group armed with little beyond long-range rockets.
And the majority of such rockets are intercepted by Israel’s anti-missile defenses.
Given this disproportion, as in the past, the toll in the current conflict is dramatically lopsided.
At least 200 killed were in Gaza, nearly half of them women and children, and 10 in Israel, all but one of them civilians.
Challenges - Proportionality in international law also applies to individual attacks.
But, proving a specific attack as disproportionate is extremely difficult.
One would need to know what was targeted, what military advantage was gained.
It is also to be shown whether it exceeded the harm inflicted on civilians and civilian property.
So, in practice, only the most extreme cases are likely to be prosecuted under this.
Example - Israel recently bombed a 12-storey building.
It housed the Gaza offices of The Associated Press and the Al-Jazeera news network.
The military says there was a considerable Hamas presence in the building.
But it has provided no evidence.

What is the underground army tactic?

So even if a building were filled with die-hard Hamas supporters, it would not be considered a legitimate target unless they were actively involved in combat operations.

Members of Hamas’ armed wing rarely, if ever, wear uniforms or identify themselves in public.
They go underground as soon as hostilities begin, along with the political leadership.
The vast majority of Hamas supporters are not involved in fighting, which means they are not supposed to be targeted.

Source: The Indian Express

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