Friday, 19 April 2024 10:55

War Crimes in Gaza: a flagrant mockery of International Humanitarian Law

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Human history is replete of wars and conflicts and resultant loss of human lives and destruction of cities and mean of livelihood. However, most religions and civilizations have tried to develop philosophies and laws that would  curtail and limit the horrors of war. Islam has laid strict rules that governs the armed conflict, including complete prohibition for killing and harming noncombatants, elderly persons, women, and children. Islam even prohibits killing of animals, cutting of fruit trees and causing destruction that hinders human livelihood. Damaging or destroying religious or worship places is also strongly forbidden.

Such acts of violence have been committed by belligerents against their adversaries. The destruction caused by prolonged wars in Europe and the both world wars forced the evolution of International Humanitarian Laws (IHL) and Laws of Armed Conflict (LAC), including Geneva Conventions  and its Additional Protocol. ‘IHL is a set of rules that seek to limit the effects of armed conflict. It lays out the responsibilities of states and non-state armed groups during an armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict’. International humanitarian law is part of international law and it applies to armed conflicts. IHL is rooted in the rules of ancient civilizations and religions as warfare has always been subject to certain principles and customs. A major part of IHL is contained in the four Geneva Conventions of 1949, which were further supplemented by two agreements: the Additional Protocols of 1977 relating to the protection of victims of armed conflicts.

In addition to Geneva Convention there are other international agreements as well that prohibit the use of certain weapons and military tactics and protect certain categories of people and goods. These agreements include: the ‘1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict’, and its two protocols : ‘the 1972 Biological Weapons Convention’ ; and ‘the 1980 Conventional Weapons Convention and its five protocols’; ‘the 1993 Chemical Weapons Convention’; ‘the 1997 Ottawa Convention on anti-personnel mines’; ‘the 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict’.

The core principles of international humanitarian law include : the distinction between civilians and combatants; the prohibition to attack those who are not directly engaged in hostilities; the prohibition to inflict unnecessary suffering; and the principles of necessity and the proportionality. Most provisions of IHL have been accepted as customary law and States are bound to respect and practice, as general rules.

IHL  protects a wide range of people and objects during armed conflict. The Geneva Conventions and their Additional Protocols protect sick, wounded and shipwrecked persons not taking part in hostilities, prisoners of war and other detainees, civilians and civilian objects.

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