Israel and Palestine: what does International Humanitarian Law say about "perpetual war"?“

O conflict between Israel and Palestine It is one of the biggest. sociopolitical issues of humanity. The dispute over the Holy Land has lasted for millennia, with Jerusalem being a central point for three religions, and shows no signs of resolution. Not only that, it can be considered a worsening in certain cases.

The most recent chapter in the story began right after the Second World War and is precisely the dispute between Israel and Palestine. Born almost at the same time as some of the main treatises of International Humanitarian Law (IHL), The dispute, on several occasions, broke rules considered universal. We will see a little more about this below. dispute between Israel and Palestine, The main points of human rights that the battle ignored, the origin of human rights, a summary of the conflict, and the main acts that violate these conventions.

Emergence of International Human Rights 

You international human rights They emerged after the devastating consequences of World War II with the aim of protecting human dignity and promoting peace among nations. Universal Declaration of Human Rights, The Constitution, adopted in 1948, is a historic milestone that established basic rights such as the right to life, liberty, and security. 

O International Humanitarian Law, International armed conflict, a branch of human rights, specifically regulates conduct in international or global armed conflicts and primarily protects people not involved in the armed conflict, such as civilians and prisoners of war, and attempts to guarantee basic and absolute rights. 

It's worth remembering, however, that it's technically impossible for there to be legal consequences for those who don't follow them, as laws vary from country to country; human rights serve as a guideline for nations. Normally, breaking these rights... DHI It is a diplomatic matter, and countries not involved or only indirectly involved may disrupt trade agreements, imports and exports, etc. 

A large part of the protocols of DIH they came from Geneva Conventions, The conventions, responsible for establishing norms and rules on how countries should act during wars, discussed at length problematic acts of the World Wars (such as dispossession, genocide, collective punishments, etc.). But the transgression of these conventions is clear in the... conflict between Israel and Palestine.

Israel vs. Palestine (and escalation to the Middle East)

O conflict between Israel and Palestine It has deep roots, involving territorial, identity, and religious issues. Until 1918, the Palestinian nation was part of the predominantly Islamic Ottoman Empire. With World War II, there was a large exodus of Jews from all over Europe to the country. Then, in 1948, the territory was divided between Palestine and Israel (the latter being Jewish). Israel received half of the land, even though it only had 301,300 of the population.

Around 700,000 Palestinians were expelled from their lands and forced to go to the "Muslim side," and a war and territorial disputes began almost immediately. Countries around the world began to take sides; Palestine was supported by other Muslim nations in the Middle East, while most European countries... supported Israel.

Even today, there is a division of support. Palestine receives support mainly from Lebanon, Iran, Saudi Arabia, Syria, Iraq, and several other countries, primarily Islamic (these countries do not maintain relations with Israel). Israel, in turn, is directly supported by major nations such as the United Kingdom and the United States, in addition to having diplomatic and financial relationships with 166 countries. 

The hostility then escalated to the entire world – but it is most strongly present in the countries neighboring the conflict zone; Lebanon and Iran, for example, have become actively involved in the disputes.

Israel and Palestine: what does International Humanitarian Law say about the conflict?

O conflict between Israel and Palestine It is marked by a series of violations of International Humanitarian Law. Some of them are:

• Attacks on civiliansBoth Israel and Islamic armed groups, such as Hezbollah and Hamas, have been accused of carrying out indiscriminate attacks on civilians. Thousands of civilians have died in bombings, many of which were justified on alleged strategic grounds.
• Forced displacement of civiliansSince the division of territory, Israel has disregarded the boundaries established by the UN and has invaded several Palestinian territories, forcing the displacement of people; this is considered a serious violation of international human rights.
• Blockades and sanctionsIsrael imposed a blockade on Gaza, preventing the population from accessing basic health, food, and welfare items and services; this is a crime punishable by collective action.
• Arbitrary detentionOne of the earliest discussions of Human Rights predates the conflict by centuries: arbitrary detention. There was more than one arrest without justification or trial. 
• Use of disproportionate forceMilitary operations often result in high civilian mortality rates, and this challenges the principle that the force used in armed conflict should be proportional to the threat.

Major powers: International Court of Justice (ICJ) and International Criminal Court (ICC)

A country cannot be directly blamed and condemned for any war crime. Even so, there are forces working to understand what meets globally agreed guidelines for well-being and political and social development. The two main bodies that ensure this in the field of human rights are... International Court of Justice (ICJ) and the International Criminal Court (ICC).

The International Court of Justice (ICJ)

The ICJ is the principal judicial organ of the UN and its function is to resolve disputes between States and give advice on legal matters. Although the ICJ cannot prosecute individuals, he has The power to assess the legality of countries' actions in relation to the norms of IHL. When a state does not adhere to its decisions, it may face diplomatic and political sanctions, and the international community may pressure it to fulfill its obligations. But, again, nothing is guaranteed: at most, it may result in strained relations with other nations.

International Criminal Court (ICC)

The ICC, on the other hand, can prosecute individuals for war crimes, genocide, and crimes against humanity. This court is a crucial instrument for the application of IHL, as it punishes those responsible for crimes in conflict contexts. The ICC rules establish criminal responsibility for the individual.

If a country fails to cooperate with the ICC or to hand over individuals accused of crimes, it may face diplomatic consequences, including the imposition of economic sanctions. Furthermore, non-compliance can deteriorate the country's relations with other nations and with the UN, damaging its international image.

How to work with International Humanitarian Law? 

Working with International Humanitarian Law requires deep understanding and Right, In general, international relations and the laws of war. Some of the main areas to consider in this field are:

1. Education and trainingThe first step is to obtain a solid training in Law. Look for a college with a renowned program and strong education, such as... ESEG, from the Etapa Group. 
2. Participation in Humanitarian Organizations: Working with non-governmental organizations (NGOs), international agencies such as the Red Cross, or doing volunteers Overall, it can provide hands-on field experience and teach how to work with humanity.
3. Advocacy and Awareness RaisingEngaging in advocacy activities to promote respect for International Humanitarian Law It is crucial. This can include awareness campaigns, engaging with governments to hold them accountable, and working with the media.
4. InternationalizationTo work in International Law Of course, it's necessary to better understand internationalization and experiences abroad. This means, if possible, doing an exchange program, but also studying at universities and attending companies that have internationalization programs, multinational events, among others. Here at ESEG, For example, we have an entire area dedicated to international experiences.
5. Interdisciplinary Collaboration: o Humanitarian Law It intersects with several disciplines, including political science, human rights, and peace studies. Collaborating with experts from different fields can enrich the work done and broaden its impact.

To learn more about Law career, Check out some articles on our blog, and click here to learn all about it. o ESEG course.