- Indiscriminate Attacks and Civilian Deaths: Israel is accused of carrying out airstrikes that resulted in thousands of civilian deaths and targeting protected locations like hospitals and refugee camps.
- Destruction of Infrastructure: Significant destruction of Gaza’s infrastructure, including hospitals, educational facilities, and neighborhoods.
- Use of Human Shields and Perfidy: Allegations include the use of human shields and perfidy, disguising soldiers as civilians or medics.
- Sexual Violence and Abuse: Reports of sexual humiliation and assault by Israeli forces against Palestinian detainees.
- Violations of Medical Neutrality: Attacks on healthcare facilities and personnel, and targeting of ambulances.
- Forced Evacuation and Displacement: Israel ordered the evacuation of large areas of Gaza, criticized as forcible transfer and a potential war crime.
- Looting and Property Destruction: Instances of looting Palestinian homes and destruction of mosques, churches, and historical sites.
You can find detailed information about the war crimes by both sides here in this Wikipedia entry.
Since 2023, there have been allegations of war crimes committed by both Israel and Palestinian armed groups, including Hamas, in the context of the Israel-Hamas War. Some of the specific allegations against Israel include unlawfully destroying Palestinian homes without military necessity, which amounts to collective punishment against the civilian population. Amnesty International has also found that Israel has committed war crimes by employing means of combat that cannot be directed at a specific military objective, such as the rockets fired by Palestinian armed groups from Gaza[1].
In addition to these allegations, the United Nations has stated that there is clear evidence that war crimes may have been committed by Hamas and the Israeli military[4]. Hamas has been accused of indiscriminate killing of hundreds of non-combatants, including children, and the abduction of about 200 others as hostages and human shields in Gaza[4]. The International Committee of the Red Cross has noted that instructions issued by Israeli authorities for the population of Gaza City to immediately leave their homes, coupled with the complete siege, which explicitly denies them food, water, and electricity, are not compatible with international humanitarian law[4].
The International Criminal Court (ICC) has jurisdiction over war crimes and other crimes against humanity, such as genocide, in the West Bank, Gaza, and occupied East Jerusalem[4]. However, Israel has not ratified certain protocols in the conventions covering areas such as collective punishments, but the US and other countries regard these provisions as having entered customary international law and therefore binding on Israel[4]. The ICC has recognized Palestine as a member since 2015, and the Palestinians have asked the court to investigate Israel’s assault on Gaza and the continued construction of Israeli settlements in the occupied West Bank and East Jerusalem[4].
The United States has not ratified the Rome Statute that established the ICC, and Israel has stated that it is not subject to the ICC’s authority because it did not sign the Rome statute[4]. The US has also backed this position, stating that it “firmly opposes” any investigation of Israel by the ICC[4].
Citations:
[1] https://www.amnesty.org/en/latest/news/2023/10/israel-palestinian-armed-groups-must-be-held-accountable-for-deliberate-civilian-killings-abductions-and-indiscriminate-attacks/
[2] https://www.britannica.com/event/Israel-Hamas-War
[3] https://en.wikipedia.org/wiki/Israel%E2%80%93Hamas_war
[4] https://www.theguardian.com/world/2023/oct/31/have-war-crimes-been-committed-in-israel-and-gaza-and-what-international-laws-apply
[5] https://www.npr.org/2024/04/04/1242320285/israel-hamas-war-crimes-ukraine
[6] https://www.euronews.com/my-europe/2023/12/11/the-hague-court-wants-to-probe-war-crimes-in-israel-and-gaza-where-does-europe-stand
[7] https://www.amnesty.org/en/latest/news/2023/10/damning-evidence-of-war-crimes-as-israeli-attacks-wipe-out-entire-families-in-gaza/
[8] https://www.cnn.com/2023/11/16/middleeast/israel-hamas-gaza-war-crimes-international-law-explainer-intl/index.html
[9] https://www.ohchr.org/en/press-releases/2023/11/gaza-un-experts-call-international-community-prevent-genocide-against
[10] https://en.wikipedia.org/wiki/Israeli_invasion_of_the_Gaza_Strip_%282023%E2%80%93present%29
[11] https://www.icc-cpi.int/victims/state-palestine
[12] https://www.cnn.com/2023/11/17/middleeast/israel-gaza-war-crimes-icc-referral/index.html
[13] https://www.diakonia.se/ihl/news/2023-hostilities-in-gaza-and-israel-factual-account-of-events/
[14] https://www.aa.com.tr/en/europe/amnesty-international-calls-for-investigating-2-israeli-attacks-in-gaza-as-war-crimes-/3059647
[15] https://www.aa.com.tr/en/middle-east/amnesty-international-denounces-war-crimes-in-gaza/3042916
[16] https://commonslibrary.parliament.uk/research-briefings/cbp-9874/
[17] https://www.hrw.org/news/2023/12/18/israel-starvation-used-weapon-war-gaza
[18] https://www.aljazeera.com/news/2024/2/5/impunity-amnesty-international-details-israeli-violence-in-west-bank
[19] https://www.aljazeera.com/news/2024/4/4/israel-strike-that-killed-106-people-in-gaza-apparent-war-crime-probe
Discover more from Erkan's Field Diary
Subscribe to get the latest posts sent to your email.