Are Israel’s airstrikes against Gaza flouting the rules of war?

Israel has hit back at Palestinian militant group Hamas for its horrific attacks over the weekend by launching strike after strike at the Gaza Strip where they are believed to be holed up. As of today (12 October), the fierce bombardment by Israel has led to the deaths of over 1,200 people. But even as Israel continues pounding the Gaza Strip causing death and destruction, long-time ally and supporter, the United States, has urged them to follow the ‘rules of war’. On Wednesday, US president Joe Biden told Benjamin Netanyahu to abide by the rules of war after the Israeli prime minister vowed to destroy Hamas following the Palestinian militants’ brutal attack. Speaking to a gathering of US Jewish community leaders at the White House, Biden said: “The one thing that I did say (to Netanyahu) is that it is really important that Israel, with all the anger and frustration … that exists, is that they operate by the rules of war,” Biden said. “And there are rules of war.” US Secretary of State Antony Blinken before boarding his plane to Tel Aviv – he’s been dispatched to Israel – also echoed his president’s statement. “It is our respect for international law and the laws of war that separates Israel, the US and other democracies from Hamas and terrorist groups that engage in heinous activities.” But what exactly are these rules of war? In fact, the more pertinent question is: Are there any rules of war? We give you the answer. What are the rules of war? The modern rules of war, popularly known as the Geneva Conventions, can be traced back to ancient civilisations and religions. However, the process of codifying these customs into international humanitarian law was first undertaken by Henri Dunant, the founder of the Red Cross. The move came after he witnessed the aftermath of a bloody battle between French and Austrian armies in Solferino, Italy in 1859. In 1864, he helped establish the first Geneva Convention, an international treaty that required armies to care for the sick and wounded on the battlefield. At the time, it provided for: the immunity from capture and destruction of all establishments for the treatment of wounded and sick soldiers and their personnel; the impartial reception and treatment of all combatants; the protection of civilians providing aid to the wounded, and the recognition of the Red Cross symbol as a means of identifying persons and equipment covered by the agreement. It was then adopted by 12 European countries. In the years to come, countries debated and adopted additional amendments to address the treatment of combatants at sea and prisoners of war. Following the horrors of World War II in 1949, diplomats gathered again in Geneva to adopt four treaties that reaffirmed and updated the previous treaties and expanded the rules to protect civilians. They’re now collectively known as the Geneva Conventions of 1949 and contain the most important rules of war. [caption id=“attachment_13238972” align=“alignnone” width=“640”] A Palestinian man stands at the site of an Israeli airstrike amid Israel-Gaza fighting in Deir al-Balah town in the central Gaza Strip. Reuters[/caption] The four conventions followed even today are: > The Convention for the amelioration of the condition of the wounded and sick in armed forces in the field > The Convention for the amelioration of the condition of the wounded, sick, and shipwrecked members of armed forces at sea > The Convention relative to the treatment of prisoners of war > The Convention relative to the protection of civilian persons in time of war These were then ratified by 196 countries across the globe and are meant to curb the brutality of war by setting limits on the weapons and tactics that can be employed.

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The ‘rules of war’ demand that battling armies protect the wounded and sick soldiers and refrain from targeting civilians. It also prohibits torture and other forms of cruel, degrading or ill treatment to detainees. Attacking medical and air workers are also a complete no-no, with the rules adding that if combatants see a red cross or red crescent, symbols of the national Red Cross and Red Crescent societies, they should know that person or place should not be attacked. The rules of war also demand that parties to a conflict must take all reasonable steps to evacuate civilians from areas where there is fighting. Civilians must never be blocked from fleeing. Apart from trying to reduce the impact and the horrors of a conflict, these rules are also used in domestic and international courts to determine if a government or non-governmental militant group is guilty of a war crime. However, as seen often, enforcing these rules amid a conflict is hard. [caption id=“attachment_13238982” align=“alignnone” width=“640”] Burnt cars are abandoned in a carpark near where a festival was held before an attack by Hamas gunmen from Gaza. Reuters[/caption] Are rules of war being flouted in the ongoing war? Hamas’ actions in Israel over the weekend, which saw the killings and taking of over 150 hostages does amount to flouting of the rules. Termed as barbaric, the Palestinian militant group has been accused of beheading people and indiscriminately killing civilians – at the Supernova music festival as well as the Kfar Aza kibbutz . In turn, the Benjamin Netanyahu government has vowed to wipe off Hamas from the face of the earth and launched a counter-offensive in the Gaza Strip on Monday. It simultaneously also announced a total siege of Gaza , with Defence Minister Yoav Gallant saying on Monday: “There will be no electricity, no food, no fuel, everything is closed. We are fighting human animals and we are acting accordingly.” Its actions in Gaza, however, are now being questioned by human rights activists, with some stating that they even amount to violation of the Geneva Conventions. Françoise Bouchet-Saulnier, legal director of Médecins sans Frontières (Doctors without Borders, MSF), told Le Monde: “The law of war is very clear: when you place an area under siege, you must allow supplies to reach the civilian population. “You can’t stop the supply of goods essential to the survival of the population. You can’t punish an entire population for hostile acts committed by an organised armed group based there. Humanitarian law forbids interrupting the passage of goods, particularly those of a medical or food nature.” New York-based Human Rights Watch has also stated that indiscriminate rocket attacks and collective punishment are heinous crimes that have no justification. [caption id=“attachment_13239002” align=“alignnone” width=“640”] Smoke rises from an explosion caused by Israeli airstrikes on the border between Egypt and Rafah, Gaza Strip. AP[/caption] Human rights expert Fernando Travesí told NPR in a detailed interview that Israel’s actions in Gaza can be questioned. He said that a military siege should allow at any moment that basic necessities like food or water or medical care is accessible to civilian population. Otherwise it can be a war crime. Moreover, he added, “Indiscriminate bombardments are a war crime if you don’t take all necessary precautions to distinguish civilian and military targets. When you attack medical facilities, that’s another war crime, no matter if there are soldiers there.” As of today, the Israeli strikes in Gaza have led to the deaths of over 1,200 people and a further 5,339 have been injured. Meanwhile, the UN agency for Palestinian refugees says more than 338,000 people have been displaced – most are sheltering in hospitals and UN schools. The death toll in Gaza also includes 11 UN relief workers, according to the United Nations Relief and Works Agency (UNRWA), which said two of the school buildings where civilians were sheltering have been hit by Israeli airstrikes. The total blockage has also led to Gaza’s sole power plant shutting down, exacerbating the situation at hospitals, already overwhelmed with patients and trauma. However, reacting to claims of breaking war rules, Israel Defense Forces spokesperson Lt Col Jonathan Conricus said Israel will “fight according to the laws that we are committed to.” “What we have been doing is striking Hamas targets with great power and severity. “I want to be very clear: The IDF remains committed to the law of conflict and we conduct ourselves according to it. Despite the fact that we are furious, angry, frustrated, and appalled by the atrocities of Hamas that has done against us, we still keep our morals and we still make sure that we fight according to the laws that we are committed to. And that’s how we will continue.” With inputs from agencies