India: International Law During Israel-Palestine Conflict

Diksha Rao 02 Jul 2024 0 comment Print Corporate Law | Articles

Abstract

Palestine is a party to the International Criminal Court’s (ICC) Rome Statute. This implies that whether they occurred in Gaza or on Israeli land, Hamas officials and leaders are liable for war crimes, crimes against humanity, and genocide. Like many other nations, including the United States, Israel is not a state party to the Rome Statute. But its military activities in Gaza, a state party territory, will be investigated by the ICC prosecutor. The Right of Israel to Self-Defence Israel’s primary objectives are to protect its borders from Hamas attacks and ensure the nation’s security in the future. Article 51 of the UN Charter grants the right to self-defence based on customary international law, without limiting its application to a state’s use against its own conventional armed forces.[1]

Keywords: Israel, Palestine, Conflict, War, Middle East, Israeli Defence Forces (IDF), United Nations Resolutions, Security Council, Human rights violations.

Introduction

Both Israel and Palestine assert historical and legal claims to the territory, making the dispute between them an ongoing and complicated matter. In an effort to address the different legal facets of the conflict, such as territorial status disputes, human rights abuses, and the construction of a durable peace accord, international law is essential[2]. This essay seeks to examine the efficacy of international law in advancing justice and settling conflicts between the two sides in the context of the Israel-Palestine conflict.

A. synopsis of the conflict between Israel and Palestine

With roots in conflicting claims to the same territory, the Israel-Palestine conflict is a protracted and intricate disagreement. It involves elements of politics, history, and religion that have influenced the area for many years.

B. The importance of international law in settling disputes

By setting standards of justice and fairness and offering a framework for discussions, international law is essential to the resolution of conflicts. It assists in guaranteeing that all parties follow established guidelines and customs, encouraging amicable settlements and averting further escalation of hostilities. Furthermore, international law offers a forum for unbiased mediation and arbitration, enabling the settlement of conflicts diplomatically as an alternative to using force. Conflicts can be resolved in a way that respects the rights and interests of all parties by following international law.

C. The blog post’s goal

This blog post aims to draw attention to the significance of respecting international law in settling disputes and encouraging amicable settlements. It seeks to highlight the importance of established guidelines and conventions, as well as unbiased mediation and arbitration, in halting the further escalation of hostilities and guaranteeing the protection of each party’s rights and interests.[3]

II. The Israel-Palestine Conflict’s Historical Context

The Israel-Palestine conflict has its historical roots in Zionist groups that promoted the creation of a Jewish homeland in Palestine in the late 1800s. Increased Jewish immigration and tensions with the Arab populace followed, ultimately leading to the UN Partition Plan of 1947 and the Arab-Israeli Wars that followed. Territorial issues, conflicting national aspirations, and firmly held historical and religious claims have all contributed to the conflict’s complexity and entrenchment.

A. A synopsis of the conflict’s past

Periods of violence have also been associated with the conflict; these include the Yom Kippur War in 1973, the Six-Day War in 1967, and the Arab-Israeli War in 1948. Numerous peace agreements and conversations have taken place throughout the years in an effort to bring about peace and a two-state solution. However, because of the enduring grievances and divergent viewpoints on both sides, resolving the dispute will always be difficult.

B. Circumstances leading to such situation

The Oslo Accords, which attempted to create a foundation for peace between Israel and Palestine but ultimately encountered many challenges and defeats, are among the significant events that contributed to the current state of affairs.[4] In addition, the establishment of Israeli settlements in the occupied territories has made matters more complex and impeded efforts to find a solution.

C. Over time, different countries have responded to the conflict in different ways.

With resolutions like UN Security Council Resolution 242 demanding the evacuation of Israeli soldiers from occupied regions and the building of an equitable and lasting peace, the UN has been instrumental in resolving the conflict. Nevertheless, reaching an agreement among the member states has proven difficult, which has prevented prompt action to end the conflict.

III. Framework of International Law

A. Synopsis of international law and its importance in resolving disputes

A collection of guidelines and precepts known as international law control how states behave toward one another. It offers a structure for settling disputes and encouraging harmonious cohabitation. International law is essential in the Israeli-Palestinian conflict because it clarifies the rights and responsibilities of both sides and offers direction on matters like Jerusalem’s status, settlements, and the Palestinian refugees’ right of return. Nonetheless, there has been uneven compliance with international law by all concerned parties.

B. The United Nations Charter, the Fourth Geneva Convention, and other United Nations resolutions are among the pertinent international legal frameworks pertaining to the Israel-Palestine conflict. These frameworks delineate fundamental principles that include the proscription of forcible territorial acquisition, the entitlement to self-governance, and the duty to uphold human rights. Despite these well-established legal frameworks, political complexity and varying interpretations of international law have made implementation and enforcement difficult. [5]Moreover, outside parties have frequently influenced the nature of the dispute, making attempts to reach a fair and long-lasting settlement more difficult.

Israel and the “state of Palestine,” which most countries understand to encompass the West Bank, Gaza, and East Jerusalem, have accepted the four 1949 Geneva Conventions. It is noteworthy that Israel still needs to ratify the conventions’ first and second protocols. These wartime protocols were put in place in 1977 with the intention of offering extra protection to property, people, and the environment. Article 75 of Protocol I is a significant clause that Washington has regarded as belonging to customary international law. This means that Israel and the United States would both be covered by this clause. As stated in a detailed list of unacceptable behaviour, anybody detained by a belligerent power must always be handled humanely. Several Supreme Court judges stressed the customary application of Article 75 in the 2006 ruling. Notably, Palestine has accepted all three protocols, indicating that it is definitely bound by their provisions as a state party. In Gaza in particular, Hamas holds the de facto authority over Palestine and must abide by the Geneva Conventions and their three protocols.[6]

The Right of Israel to Self-Defence Israel’s primary objectives are to protect its borders from Hamas attacks and ensure the nation’s security in the future. Article 51 of the UN Charter grants the right to self-defence based on customary international law, without limiting its application to a state’s use against its own conventional armed forces. This implies that whether they occurred in Gaza or on Israeli land, Hamas officials and leaders are liable for war crimes, crimes against humanity, and genocide. Like many other nations, including the United States, Israel is not a state party to the Rome Statute.

C. The function of international bodies in upholding global law

Through facilitating discussions between disputing parties, monitoring compliance, and offering technical help, international organizations play a critical role in upholding international law. These institutions, which include the United Nations and regional entities like the European Union, are empowered to look into violations of human rights, apply penalties, and arbitrate conflicts. However, a lack of widespread participation in international treaties, political pressure from member nations, and scarce resources can all work against their success. However, their participation is still necessary to encourage responsibility and preserve the values.

IV. Israel’s Violations of International Law

A. Evaluation of the Palestinian Territories under Israeli occupation

Numerous transgressions of international law are shown by an investigation of Israel’s occupation of Palestinian areas[7]. Among these are the creation and growth of settlements, which are forbidden by the Fourth Geneva Convention. There have also been reports of arbitrary detentions, limitations on Palestinian citizens’ freedom of movement, and excessive use of force by Israeli security forces against them. These acts contribute to the ongoing strife in the region in addition to undermining Palestinian rights and well-being.

B. A closer look at Israel’s settlement operations in the West Bank exposes a pattern of land confiscation and Palestinian community displacement. This not only transgresses international law but also obstructs the possibility of a two-state solution, which is generally acknowledged as the most practical route to regional peace. The Israeli-Palestinian issue is unlikely to be resolved in a fair and sustainable manner as a result of the settlement development, which solidifies the occupation.

C. A discussion of Israel’s abuses of human rights and use of force

It is also essential to comprehending the current conflict. Human rights organizations have strongly denounced the Israeli military’s use of excessive force, especially its targeting of infrastructure and civilians.[8] In addition to causing death and destruction, these transgressions fuel a cycle of violence and mistrust between the two sides. Resolving these violations of human rights is a must for any significant advancement toward a peaceful settlement. is also essential to comprehending the current conflict. The employment of disproportionate force by the Israeli military, its responsibility, and its eventual achievement of a peaceful settlement of the dispute.

V. Palestine’s Violations of International Law

A. Evaluation of Palestinian assaults on Israeli citizens

Attacks by the Palestinians on Israeli people are grave transgressions of international law. These attacks, which target innocent individuals and inflict great pain and suffering, are frequently carried out by militant groups. Such acts cause an environment of dread and insecurity among Israeli civilians in addition to taking lives.[9] Since addressing these transgressions necessitates holding persons accountable for their conduct, doing so is essential to fostering a peaceful resolution to the issue.[10] Furthermore, figuring out the reasons behind these attacks can assist in locating underlying problems that require attention.

B. Analysis of Palestine’s use of terrorist organizations and armed groups

It is essential to comprehend the conflict’s dynamics in their whole. It’s critical to understand that, despite the fact that some Palestinians may use violence as a form of resistance, this does not excuse or justify terrorist attacks. Investigating the underlying reasons for the emergence and support of armed organizations can throw light on the sociopolitical elements that enable them to exist and may also result in the development of more potent conflict-resolution techniques.[11]

C. Talking About Hamas Terror in Palestine

Terrorism by Hamas is a serious breach of international law that has had terrible effects on both Israelis and Palestinians. In addition to causing death and destruction, the indiscriminate targeting of civilians by suicide bombers and rocket assaults feeds the cycle of violence and mistrust. Any significant advancement toward a peaceful conclusion must address these violations of human rights because doing so necessitates holding those who commit these crimes accountable. [12]Examining how outside parties, such as other nations or international organizations, either encourage or condemn terrorist acts should be part of the study of terrorism. Furthermore, it is critical to take into account how Israeli policies and actions affect the Palestinian populace, since they frequently exacerbate despair and dissatisfaction that might foster support for armed organizations. [13]Lawmakers can create more sophisticated and successful plans for tackling the underlying issues and pursuing a peaceful conclusion by adopting a thorough grasp of Palestinian terrorism.

Conclusion

In conclusion, finding a fair and long-lasting solution to the Israel-Palestine conflict necessitates a commitment to respecting international law. We can endeavour to ensure peace and stability in the region by upholding established guidelines and standards, encouraging unbiased mediation and arbitration, and addressing any violations of international law committed by any of the parties. The international community must keep up its support for attempts to end the war and guarantee that each party’s rights and interests are upheld.

It is possible to prosecute leaders and members of Hamas for war crimes, crimes against humanity, and genocide committed in Gaza and Israel. Like the US and other nations, Israel is not covered by the Rome Statute. But the prosecutor for the ICC will look into its military actions in Gaza, a state party. Israel’s main objectives are defense against Hamas attacks and long-term security. Customary international law-based self-defense against other states’ conventional armed forces is permitted by Article 51 of the UN Charter.

I genuinely think that maintaining peace and stability in any place depends on dispute resolution via adherence to established laws and conventions. We can provide a forum for fruitful communication and negotiations amongst all parties by encouraging unbiased mediation and arbitration. In order to guarantee that the rights and interests of all parties are upheld during the resolution process, the international community must also continue to offer support.

[1] India on Israel-Palestine conflict: Follow international law, fight terrorism; govt backs sovereign Palestine state | India News – Times of India (indiatimes.com): https://timesofindia.indiatimes.com/india/indias-balancing-act-follow-international-law-fight-terrorism-govt-backs-sovereign-palestine-state/articleshow/104381446.cms (accessed 15^th April, 2024)

[2] Balancing act: The Hindu Editorial on India’s stand in Israel-Palestine conflict – The Hindu | https://www.thehindu.com/opinion/editorial/balancing-act-the-hindu-editorial-on-indias-stand-in-israel-palestine-conflict/article34608788.ece | (accessed 15^th April, 2024)

[3] India’s Balancing Act in Israel-Palestine War (drishtiias.com) | https://www.drishtiias.com/daily-updates/daily-news-analysis/india-s-balancing-act-in-israel-palestine-war | (accessed 16^th April, 2024)

[4] Where does international law fit into the Israeli-Palestinian conflict? (theconversation.com) | https://theconversation.com/where-does-international-law-fit-into-the-israeli-palestinian-conflict-215637 | (accessed 17^th April, 2024)

[5] Explained: How has India’s policy on Israel and Palestine evolved over time? | Explained News – The Indian Express | https://indianexpress.com/article/explained/palestine-israel-conflict-india-unsc-jerusalem-clashes-aqsa-7320652/ | (accessed 18^th April, 2024)

[6] Israel and Palestine: a complete guide to the crisis | Israel-Gaza war | The Guardian | https://www.theguardian.com/world/2023/nov/03/israel-and-palestine-a-complete-guide-to-the-crisis | (accessed 18^th April, 2024)

[7] What’s the Israel-Palestine conflict about? A simple guide | Israel War on Gaza News | Al Jazeera | https://www.aljazeera.com/news/2023/10/9/whats-the-israel-palestine-conflict-about-a-simple-guide| (accessed 18^th April, 2024)

[8] Israel War on Gaza | Today’s latest from Al Jazeera | https://www.aljazeera.com/tag/israel-palestine-conflict/ | (accessed 18^th April, 2024)

[9] Occupation, discrimination driving Israel-Palestine conflict, recurring violence | UN News | https://news.un.org/en/story/2022/06/1119912| (accessed 18^th April, 2024)

[10] Israel’s Offensive in Gaza: An Update on Where the Conflict Stands – The New York Times (nytimes.com) | https://www.nytimes.com/2024/04/17/world/middleeast/israel-gaza-war-fighting-update.html| (accessed 18^th April, 2024)

[12] Israel-Palestine Conflict: History, Wars, and Solution – Clear IAS | https://www.clearias.com/israel-palestine-conflict/ | (accessed 19^th April, 2024)

[13] Israeli-Palestinian Conflict | Global Conflict Tracker (cfr.org) | https://www.cfr.org/global-conflict-tracker/conflict/israeli-palestinian-conflict | (accessed 19^th April, 2024)