
International Law and the Fighting in Gaza
Summary
This document analyzes the legal aspects of the conflict between Israel and Palestinian groups in Gaza, focusing on international law, war crimes, and terrorism. It examines the legality of both Palestinian attacks and Israeli counter-measures, debunking common misconceptions and biased criticisms.
Top Questions and Answers
Q: Are Palestinian rocket attacks on Israeli civilians legal under international law?
A: No. Palestinian attacks deliberately aimed at civilians violate the rule of distinction, a basic principle of international humanitarian law, and are considered war crimes. These attacks also constitute acts of terrorism under international conventions.
Q: Does Israel's response to Palestinian attacks, such as border controls and military actions, violate international law?
A: No. Israel's counter-measures, including border controls, targeted strikes, and economic sanctions, are generally legal under international law. These actions are considered self-defense against ongoing attacks and comply with the rules of distinction and proportionality.
Q: Is the Gaza Strip considered occupied territory under international law, and what are the implications?
A: No. The Gaza Strip is not considered occupied territory since Israel withdrew in 2005 and does not exercise governmental functions there. Therefore, Israel does not have the same obligations as an occupying power under the Fourth Geneva Convention.
Q: Does Israel have a legal obligation to provide fuel and electricity to Gaza?
A: No. While Israel facilitates the passage of humanitarian aid, it is not legally obligated to provide fuel and electricity. International law does not require a state to supply goods to a hostile territory, especially when those goods may be misused by terrorist groups.
Q: Are Palestinian groups in Gaza committing acts of genocide against Israeli Jews?
A: Yes. The Hamas Covenant explicitly calls for the destruction of Israel and the killing of Jews, which falls under the definition of genocide. The attacks on Israeli civilians are part of this larger genocidal intent.
Q: Are economic sanctions imposed by Israel on Gaza considered collective punishment?
A: No. Economic sanctions, such as withholding fuel and electricity, are considered retorsion, a legal means of responding to hostile actions. These measures do not violate the rules of distinction and proportionality and are not considered collective punishment under international law.
Q: Do Palestinian terrorists using civilian shields make them immune from attack?
A: No. While international law prohibits targeting civilians, it also prohibits using civilians as shields. Palestinian terrorists hiding among civilians do not become immune from attack, but it is a war crime for the terrorists to use civilians as shields.
Q: What is the role of the UN Special Rapporteur on the Palestinian Territories, and is it biased?
A: The Special Rapporteur's office is mandated to investigate alleged Israeli violations of international law but not Palestinian violations. This one-sided mandate has led to biased reporting and inaccurate criticisms of Israel.
Q: What are the legal implications of Hamas diverting humanitarian aid?
A: Hamas's diversion of humanitarian aid, including food and fuel, undermines the argument that Israel is causing a humanitarian crisis. It also justifies Israel's concerns about the misuse of aid and its right to control the passage of goods into Gaza.
Q: Is the claim of an imminent humanitarian crisis in Gaza accurate?
A: No. Despite claims of an imminent humanitarian crisis, the facts show that Gaza has a relatively high standard of living, literacy rate, and life expectancy compared to other regions. The claims are often exaggerated for political and financial gain.