Accountability and alleged war crimes, the Israel-Palestinian conflict
By Amy Maguire
The latest outbreak of conflict in Gaza and Israel is escalating rapidly. At the time of writing, at least 192 Palestinians are reported dead, including 58 children. Ten Israelis are reported dead, including two children.
Hamas is firing rockets into Israel from Gaza. Some cause casualties, while many are intercepted by Israeli anti-missile systems or fall short of the border. Israel is conducting aerial and artillery bombardment of Palestinian targets. In recent days, it has destroyed a building that housed the Associated Press and Al Jazeera offices in Gaza, and levelled multiple Palestinian homes.
The conflict is the most intense outbreak of violence since the 2014 Israel-Gaza war. Prime Minister Benjamin Netanyahu said Israel will do “whatever it takes to restore order and quiet” and this could take some time.
The question of Palestinian statehood and the enduring Israeli-Palestinian conflict is the perennial dilemma of the international legal system. The failure of the international community to bring about a resolution in the decades-long conflict reflects the highly politicised nature of international law.
Even though the International Criminal Court’s chief prosecutor opened an investigation into alleged war crimes in the conflict two months ago — and is closely watching the current violence for potential crimes — legal accountability will likely remain elusive.
Palestine’s status in the international community
Statehood is the preeminent status of an entity under international law. It grants the fullest range of rights and carries key assumptions, including freedom from interference with territorial integrity.
Israel declared statehood in 1948 and was admitted as a UN member state in 1949. Its statehood — combined with its abiding US alliance — has given it significant protection from external intervention.
Palestine, in contrast, claims a right to statehood but lacks effective statehood. The international legal position is clear — the Palestinian people are entitled to self-determination and statehood but they have been living under Israel’s occupation since 1967.
On this basis, in 2012, Palestine’s UN standing was upgraded to the special status of “non-member observer state”. Although the majority of UN General Assembly members expressed their hope this would lead to actual statehood for Palestine, a two-state solution to the conflict appears less likely as time goes on.
UN Security Council response
The UN Security Council is charged with promoting and preserving international peace and security. It has frequently addressed the conflict involving Israel and Palestine in the past.
The Security Council met in an emergency session on Sunday, with UN Secretary-General António Guterres calling for an immediate ceasefire and warning of “an uncontainable security and humanitarian crisis”. Over 38,000 Palestinians are internally displaced in the Gaza Strip following the recent surge in hostilities.
Jordanian Foreign Minister Ayman Safadi argued Israeli settlement activities violate international law and stand in the way of peace. Palestinian Foreign Minister Riyad al-Maliki accused Israel of committing war crimes and crimes against humanity, and pursuing a policy of apartheid.
Israel’s UN ambassador, Gilad Erdan, meanwhile, accused Hamas of targeting civilians as a power play against the Palestinian Authority.
The council took no action in this special session. The US, one of five permanent members with veto power, has a track record of resisting action in relation to Israel. China’s Foreign Minister Wang Yi said it was regrettable the US was blocking the council from making a statement with “one voice”.
US officials are maintaining their position that Israel is exercising its right to self-defence against Hamas terror attacks.
Amy Maguire is affiliated with the University of Newcastle
This article was originally published at The Conversation. Read the full article.
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