International humanitarian Law

Do the violations associated with the war in Gaza amount to a Genocide

HUQUQ Editors Comments on Rights, International humanitarian Law, Research Notes Gaza Genocide, Genocide 0

by Amanda Nelson The term “Gaza genocide” refers to allegations and findings that Israel has committed genocide against the Palestinian people in the Gaza Strip. These allegations have been made by various United Nations bodies, human rights organizations, and experts. United Nations Findings: The UN Special Rapporteur on the situation of human rights in the Occupied Palestinian Territory (OPT) has concluded that Israel has committed at least three of the constitutive acts of genocide in Gaza since October 7, 2023. Statements by high-level Israeli military and government officials have been cited as evidence of genocidal intent 1. The UN Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People determined that Israel’s actions in Gaza are consistent with the characteristics of genocide 1. International Court of Justice (ICJ): On December 29, 2023, South Africa filed an application with the ICJ, accusing Israel of violating its obligations under the Genocide Convention in relation to Palestinians in Gaza. The ICJ issued provisional measures on January 26, 2024, ordering Israel to prevent the commission of acts within Article II of the Genocide Convention and to ensure that Israeli military forces do not commit any of these acts 1. Human Rights Organizations: Amnesty International has concluded that Israel has committed and continues to commit genocide against Palestinians in the Gaza Strip. Their report documents the systematic destruction of essential infrastructure, including universities, schools, mosques, churches, museums, and libraries 23. Human Rights Watch and other rights organizations have also accused Israel […]

Terror and Terrorism in International Humanitarian Law

Research Assistants Law, International humanitarian Law, Jurisprudence, Treaties 0

Terror: Terror refers to action taken by the State that consists of political and military terror, which may take place both in times of war and peace for the purpose of social control or military action. In the cases of armed conflict, acts of terror may apply to methods of warfare and acts or threats of violence—the primary purpose of which is to spread terror among the civilian population. Such acts include indiscriminate bombardment, attacks against the civilian population or civilian objects, persecutions, acts of violence designed to spread terror among the population, acts of terrorism, pillage, rape, arbitrary arrests and extrajudicial executions, hostage taking and enforced disappearances, and ethnic cleansing that forcibly displaces the civilian population. Reprisals against civilians and their property are prohibited (Geneva Conv. IV, Art. 33; API Art. 51; Ad. Protocol II, Art. 4, 13). State Terror may happen outside the context of armed conflict. State response to protests, riots, demonstrations, disturbance of public order, and internal strife, may qualify as Terror. International Humanitarian Law applies in that it limits the power of governments to use coercive measures as well as police and armed forces to defend or reestablish public order. These rules can be found in fundamental guarantees such as the one provided for by non-derogable international human rights provisions and the principles of Common Article 3 to the four Geneva Conventions. Terrorism: Unlike acts of Terror that State may unleash during conflict and peace times, the definition of terrorism is less established in International […]