Israel-Hamas Conflict: What are the international rules of war, and why are Israel and Hamas being accused of breaking them?

Posted on 18th Oct 2023 by rohit kumar

Today is the twelfth day of the ongoing war between Israel and the Palestinians. This war is becoming more intense with each passing day. Thousands of people have died on both sides. The war has reached such a level that Israel attacked a hospital in Gaza, killing hundreds of people. Everyone condemned this Israeli attack. The UN human rights chief said the deadly attack on a hospital in the Gaza Strip is completely unacceptable.

 

The United Nations has accused both Hamas and Israel of breaking international law during the conflict. The United Nations says it is collecting evidence of war crimes by all sides. The UN says law enforcement is difficult in the midst of war but that holding perpetrators accountable is often of no use once a conflict ends.

 

After all, what are the rules of war?

The rules of armed conflict are governed by a set of internationally recognized laws and resolutions, including the UN Charter. This rule prohibits aggressive wars but gives countries the right to self-defense.

 

The Geneva Conventions deal with how to behave on the battlefield during war (how the battle will be fought? Who can be killed during the war and who cannot? Who is to be targeted and who is not? What type of weapons will be used, etc.) There are international humanitarian laws, including the Geneva Conventions, which were drafted after World War II and are agreed to and ratified by almost every country.

 

The four conferences were agreed upon in the year 1949. In these conferences, it was decided that during wartime, civilians, wounded and prisoners should be treated humanely.

 

The rules prohibit murder, torture, captivity, and other degrading treatment during war, and troops are required to provide troops if needed to treat the sick and wounded on the other side.

 

The rules apply to both wars and conflicts between states, such as the one between Israel and Hamas in which one party is not a state.

 

Another important document in the law of war is the founding Rome Statute of the International Criminal Court which prohibits deliberate attacks on civilians, civilian settlements, or humanitarian workers, including destruction of property where not militarily necessary,harrasment violence, and unlawful deportation. Defines war crime acts.

 

Other agreements in this rule ban certain types of weapons, such as chemical or biological warfare materials. All countries have signed all these rules.

 

Did Hamas commit war crimes?

Hamas fired thousands of rockets at Israeli towns and cities and sent hundreds of gunmen across the border from Gaza on October 7. They attacked and killed civilians, including children and the elderly, in their homes and neighborhoods and abducted many others. Israel says at least 1,400 people were killed and 199 others were abducted.

 

Haim Abraham, a law lecturer at University College London, said the evidence of the crimes was clear. Lecturer Haim Abraham said about the war between Israel and Hamas, “They massacred civilians in their homes. They kidnapped civilians, and held them hostage. All these things are war crimes.

Jean Sulzer, a lawyer with Amnesty International France\'s International Justice Commission, said the Geneva Conventions state that “civilians should never be held hostage. If they are doing this, it could be seen as a war crime.

 

Is Israel's counter-attack legal?

Hamas launched a devastating attack on Israel on October 7, killing thousands of Israeli citizens. After this Israel started a counter-attack which continues even today on the 12th day. The Israeli army is continuously carrying out air strikes on Hamas-ruled Gaza. Israel has cut off supplies of food, water, fuel, and electricity to Gaza and has asked people to leave the northern half of the Gaza Strip ahead of a possible ground attack. Gaza officials say 2,800 people have been killed and 11,000 injured during the bombing.

 

Also Read: Israel-Hamas War: US Secretary of State and PM Netanyahu hid in the bunker to save their lives, what happened during the meeting?