Government Actions in Times of War and the Importance of Upholding International Laws
For nearly 4,000 years, governments have recognized the need for rules in times of war. The first known code, established by Babylonian king Hammurabi, set the foundation for all subsequent laws of war. Its principle was clear: prevent the strong from oppressing the weak. It’s worth noting that Hammurabi himself had a reputation for oppressing the weak. Despite the historical context, these laws still hold value and it is crucial that we continue to hold powerful governments accountable.
During the events of Black Saturday, Hamas disregarded numerous laws of war. Their rocket fire into Israel made no distinction between military and civilian targets, violating Article 13 of Protocol II of the Geneva Conventions. Moreover, their fighters engaged in acts of murder, torture, rape, pillage, terrorism, and hostage-taking, all of which are in direct violation of various articles in the Geneva Conventions and the Rome Statute. It is important to emphasize that anyone responsible for these crimes should be held accountable for their actions.
In response to this attack, Israel also violated several laws of war. They began by imposing collective penalties on the people of Gaza, which contravenes Article 33 of the fourth convention and Article 4 of Protocol II. Furthermore, the pattern of Israel’s bombing and shelling of Gaza, which prioritized damage over accuracy, raises concerns of intentional war crimes. Specifically, the destruction of non-military targets such as schools and health facilities violates Article 50 of the first Geneva convention, Article 51 of the second Geneva convention, and Article 147 of the fourth Geneva convention. Bombing mosques also goes against Article 16 of Protocol II.
There are also claims that Israel used white phosphorus shells during their counterattack. While the Israeli government denies this, the use of white phosphorus in civilian areas would violate the chemical weapons convention and be considered indiscriminate and inhumane.
The Israeli government has admitted to cutting off essential supplies to Gaza as part of a siege. By doing so, they impose collective punishment on the civilian population, which violates several articles of the fourth convention and Article 14 of Protocol II. Additionally, instructing the people of Gaza City to leave may be seen as a breach of Article 17 of Protocol II and Article 49 of the fourth convention. It is crucial to note that, in the context of the ongoing conflict, this current fighting is occurring due to Israel’s illegal occupation of Palestinian land and the associated crimes.
No crime can ever justify another. War and ethics dictate that crimes against humanity are unacceptable. Attacking an individual for the crimes of another, or misattributing blame to an entire people, is not legally justified or ethically acceptable in any conflict. Attempts to rationalize such crimes are both feeble and cruel.
The issue lies primarily in the enforcement of these laws. Powerful nations often refuse to adhere to the rule of law. High-ranking officials make hollow statements without consequences. When the U.S. defense secretary visited Israel recently and spoke of upholding the laws of war, his words lacked sincerity given the history of offenses committed. Similarly, figures like Gordon Brown and Condoleezza Rice, who were involved in the Iraq war, calling for accountability in other situations only highlight the hypocrisy of the dominant powers.
However, the shortcomings of enforcement should not deter us from recognizing the importance of these laws. They form the basis of our humanity. Succumbing to cynicism or accepting the might of the powerful allows atrocities to continue. It perpetuates a cycle of revenge and carnage. We must strive for a better world, where the powerless are protected and the powerful are held accountable. By upholding these laws, we create a world in which we would all choose to live.
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