The Independent
Experts say Hamas and Israel are committing war crimes in their fight
The deadly attacks by
Hamas on
Israeli civilians and the devastating Israeli airstrikes and blockade of
Gaza have raised accusations among international legal experts that both sides were violating international law.
A United Nations Commission of Inquiry said it has been “collecting and preserving evidence of war crimes committed by all sides” since the violence started last week. That evidence could be added to an investigation by the
International Criminal Court into possible war crimes committed by Israel and Hamas in past conflicts.
“International targeting of civilians and civilian objects without a military necessary reason to do so is a war crime, period,” said David Crane, an American international law expert and the founding chief prosecutor of the United Nations’ Special Court for Sierra Leone. “And that’s a standard that both sides are held to under international law.”
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DID HAMAS COMMIT WAR CRIMES?
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Omar Shakir, Israel and Palestine Director of Human Rights Watch, pointed to Hamas “shooting civilians en masse, taking hostages, including women and children — undeniably grave abuses of international law, for which there’s no justification.”
In an analysis published on the international law website Opinio Juris, Cornell Law School professor Jens David Ohlin wrote that the Hamas attacks amount to war crimes and crimes against humanity under the International Criminal Court’s founding Rome Statute.
Rights group Amnesty International called for accountability.
“Massacring civilians is a war crime and there can be no justification for these reprehensible attacks,” said Agnès Callamard, Amnesty International’s secretary-general.
“These crimes must be investigated as part of the International Criminal Court’s ongoing investigation into crimes committed by all parties in the current conflict,” Callamard said.
IS ISRAEL’S MILITARY RESPONSE LEGAL?
The Israeli military has pulverized large parts of the Hamas -ruled Gaza Strip with airstrikes and blocked deliveries of food, water, fuel and electricity ahead of a possible ground invasion. The bombardment already has killed about 1,800 people in Gaza, including U.N. workers, paramedics and journalists.
Experts say the blockade, which is hitting the territory's more than 2 million residents, violates international law. "Collective punishment is a war crime. Israel is doing that by cutting electricity, water, food, blocking aid from entering the Gaza Strip,” Shakir said.
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Many in Israel’s defense establishment have pledged to fight until every trace of militancy is gone from the territory — even if it means wreaking mass havoc on the besieged strip’s civilian population.
But Israel's relentless airstrikes could come under scrutiny, both because of the heavy civilian death toll and heavy damage to civilian infrastructure.
We’re seeing reports of entire neighborhoods, blocks that are reduced to rubble. Certainly that would appear to be, you know, war crimes as well,” Shakir said. “We’ve seen attacks that have affected hospitals and other areas that are entitled to protection.”
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Frankel reported from Jerusalem.