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Wednesday, November 20, 2024
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Gaza under siege: a humanitarian catastrophe and international failure

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By Uthman A N Jeng

Introduction

The ongoing war in Gaza has once again thrown into sharp relief the deep humanitarian crisis facing Palestinisans. Civilians, including women and children, are caught in the crossfire of relentless bombings, with essential goods such as food and medicine blocked from reaching those in desperate need. The situation on the ground is dire, with over 40,400 deaths reported, millions displaced, and outbreaks of disease exacerbating the already catastrophic conditions. Israeli Prime Minister Benjamin Netanyahu’s determination to continue his offensive in Gaza, coupled with the lack of international resolve to bring an end to this crisis, raises serious questions about the global community’s commitment to human rights and international law.

The humanitarian catastrophe: the devastation in Gaza has left families mourning the loss of loved ones, homes reduced to rubble, and entire communities uprooted. Civilians are not just collateral damage—they are the primary victims. Images of injured children, grieving parents, and overcrowded hospitals tell the tale of a war that knows no mercy. Restrictions on food and medicine have compounded the suffering, leading to widespread malnutrition and the deaths of vulnerable populations from preventable diseases.

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Amidst these horrors, aid workers themselves have become targets. United Nations workers and other humanitarian personnel have been killed in airstrikes while attempting to deliver life-saving assistance to civilians. These actions, which violate the fundamental principles of international humanitarian law, have drawn widespread condemnation but little concrete action to hold the perpetrators accountable.

International law: the atrocities unfolding in Gaza are not only a humanitarian disaster but also raise serious questions about violations of international law. According to the International Criminal Court (ICC), the International Court of Justice (ICJ), and the United Nations Security Council, the targeting of civilians, the destruction of civilian infrastructure, and the denial of essential goods like food and medicine may constitute war crimes and crimes against humanity, as outlined in international treaties such as the Geneva Conventions. These conventions were established to protect civilians during times of war, yet Israel’s actions flagrantly violate these protections.

The ICC and ICJ have condemned Israel’s actions, particularly those led by Prime Minister Netanyahu, as potential war crimes. The systematic destruction of civilian infrastructure, the targeting of children, and the restriction of humanitarian aid all violate international humanitarian law. These actions are prohibited under the Geneva Conventions, which clearly state that the intentional targeting of civilians and the denial of aid to those in need constitute war crimes.

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Israel’s Legal Violations: Benjamin Netanyahu and senior members of his government have been accused of committing war crimes by the ICC and ICJ. While Israel disputes these allegations, the evidence on the ground tells a different story. Civilian casualties continue to mount, with schools, hospitals, and homes turned into targets for military strikes. The intentional bombing of such civilian areas, coupled with the blockade preventing the entry of essential goods, clearly fits the definition of war crimes as outlined in international law.

Despite these legal violations, Israel’s leadership has remained defiant. Netanyahu, emboldened by unwavering US support, has refused to halt military operations. His government continues to justify its actions as necessary for self-defense, even as the death toll of innocent civilians’ climbs. But under international law, self-defense does not justify the indiscriminate killing of civilians or the destruction of humanitarian infrastructure.

The Role of the US: however, Israel’s actions are not occurring in isolation. The United States, a key ally of Israel, has continued to provide military aid and political support, raising the question: is the US complicit in these war crimes? While the US is not a party to the ICC, its material support for actions that violate international law could be viewed as aiding and abetting these atrocities. Under international law, aiding and abetting war crimes can hold states accountable, especially if they knowingly contribute to actions that harm civilians.

The United States’ unwavering support for Israel, both financially and politically, has enabled the continued assault on Gaza. Billions of dollars in military aid have flowed from Washington to Tel Aviv, with weapons used to carry out airstrikes that have destroyed hospitals, schools, and refugee camps. As images of the carnage circulate globally, many question whether the US bears responsibility for the bloodshed. The provision of arms and the political backing offered by the US complicates the international community’s ability to hold Israel accountable for its actions.

Challenges in enforcing justice: despite these legal violations, holding Israel’s leadership accountable poses significant challenges. Although the ICC and ICJ can issue indictments and judgments, enforcement depends on international cooperation, which is often hindered by geopolitical interests. The US, with its veto power at the UN Security Council, has repeatedly shielded Israel from sanctions or prosecution, complicating any attempt to hold leaders accountable for war crimes.

As long as powerful nations continue to offer diplomatic cover for Israel, it remains unlikely that Prime Minister Netanyahu will face justice for his actions. The ICC and ICJ’s inability to enforce rulings without the cooperation of member states reveals a fundamental flaw in the international legal system. The lack of enforcement mechanisms makes it difficult to bring war criminals to justice, particularly when they are backed by global superpowers like the United States.

Call for accountability: justice must not be a privilege reserved for the powerless. While international law provides the framework to hold those responsible for war crimes accountable, the path to justice is fraught with political barriers. Yet, if the world is to honor the principles of human rights and dignity, the crimes committed in Gaza must be addressed—whether through the prosecution of Israel’s leaders or a reevaluation of the US’s role in the conflict. True accountability can only be achieved when global leaders commit to upholding the rule of law, even when it implicates their allies.

The international community must not stand idly by as war crimes are committed with impunity. The people of Gaza deserve justice, and that justice can only be achieved if Israel’s leadership is held accountable for its crimes under international law. Furthermore, nations that enable these atrocities through military and political support, like the United States, must also be held to account. Only then can we hope to prevent such tragedies from occurring in the future and ensure that the rule of law is upheld for all.

Blockade and humanitarian crisis: the blockade on Gaza, imposed by Israel for over a decade, has had devastating effects on the civilian population. With borders closed and essential goods such as food, medicine, and fuel restricted, Gaza’s 2 million inhabitants face chronic shortages that have pushed them into a state of near-constant humanitarian crisis. Starvation, malnutrition, and a lack of access to critical medical supplies have led to preventable deaths. The situation has become so dire that the United Nations has warned that Gaza may soon become uninhabitable. Despite international outcry, the blockade remains firmly in place, contributing to one of the world’s worst humanitarian crises in modern times.

The myth of precision warfare: Israel claims to conduct precision warfare in Gaza, where military strikes are carefully targeted to eliminate Hamas fighters. However, the reality on the ground tells a different story. Despite the supposed technological advancements in weaponry, the death toll of civilians—including women and children—continues to rise, while evidence of significant Hamaz fighter casualties remains conspicuously absent.

Instead, hospitals, schools, and residential buildings have all been hit by Israeli airstrikes, leading to allegations of war crimes. The concept of precision warfare is largely a myth in Gaza, where densely populated areas make it nearly impossible to avoid civilian casualties. The reality is that no technology can mitigate the devastation wrought by large-scale bombings in such a heavily congested area.

It is essential to acknowledge the role of Hamas in the ongoing conflict. As the governing body in Gaza, Hamas has been engaged in a prolonged military struggle with Israel, including the use of rocket attacks aimed at Israeli civilian areas. However, this does not justify the disproportionate response from Israel that has led to the overwhelming suffering of Palestinian civilians. Instead, it underscores the cycle of violence that perpetuates this conflict, with ordinary people caught in the crossfire of political and military agendas.

While this article focuses on the humanitarian catastrophe caused by Israel’s actions, it is important to understand the broader context in which Hamas operates. Israel’s prolonged occupation of Palestinian territories and the expansion of settlements into areas demarcated for Palestinians under the two-state solution have fueled resentment and resistance. Many Palestinians see Hamas’s military actions as a form of resistance against what they view as an illegal occupation and systematic denial of their rights. However, despite the legitimacy of Palestinian grievances, the cycle of violence—on both sides—has overwhelmingly harmed civilians, perpetuating suffering and undermining any possibility of peace.

The international response and institutional paralysis: the international community, including the United Nations and its various institutions, has largely failed to take meaningful action in response to the Gaza crisis. Despite clear violations of international law, including war crimes committed by Israel, the United Nations Security Council has been paralyzed by the political dynamics of its member states, particularly the veto power of the United States. This paralysis has left millions of civilians without any form of protection or justice. Meanwhile, humanitarian organizations have raised alarms about the ongoing atrocities, but their warnings have gone unheeded by the world’s most powerful governments. The inability to enforce international law has deepened the crisis and prolonged the suffering in Gaza.

The targeting of aid workers: in addition to the targeting of civilians, aid workers have also come under fire in Gaza. Hospitals, ambulances, and shelters operated by the United Nations have been struck by Israeli bombs, leading to the deaths of healthcare workers and humanitarian personnel. These attacks, which directly contravene international humanitarian law, further compound the crisis by depriving the most vulnerable civilians of life-saving assistance. Despite clear evidence of these crimes, international bodies have yet to hold Israel accountable for the deliberate targeting of those attempting to alleviate the suffering of civilians.

Political survival vs human suffering: for Israeli Prime Minister Benjamin Netanyahu, the war in Gaza is not just about national security—it is also about political survival. Facing corruption charges and a challenging political landscape at home, Netanyahu has used the Gaza conflict to rally support from his base and distract from domestic troubles. His government’s continuation of military operations, despite the staggering civilian toll, suggests that political interests are being placed above human lives. Netanyahu’s reluctance to seek peace is driven by a desire to maintain his grip on power, even at the cost of thousands of innocent lives.

A global humanitarian catastrophe: the scale of the humanitarian catastrophe in Gaza cannot be overstated. Over 40,000 people have died, millions have been displaced, and entire communities have been destroyed. The crisis has extended far beyond the borders of Gaza, with ripple effects felt across the Middle East and beyond. Refugees have flooded neighboring countries, stretching their resources thin, while the images of suffering civilians have sparked outrage and protests globally. The Gaza crisis is not just a local or regional issue; it is a global humanitarian catastrophe that demands immediate and decisive international action.

Conclusion and a call to action: the war in Gaza has reached a tipping point. The international community can no longer afford to turn a blind eye to the atrocities being committed. It is time for world leaders to step up and hold those responsible for war crimes accountable, including Israeli Prime Minister Benjamin Netanyahu. The United Nations, ICC, and ICJ must take concrete steps to enforce international law, and powerful countries like the United States must stop shielding Israel from accountability. The people of Gaza deserve justice, and the world must act before more lives are lost. This is not just a call for peace; it is a call for justice, accountability, and the protection of human dignity.

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