Sunday 3 August 2014

Gaza under attack: bombing civilians



The widening gyre of violence is terrible news for the entire region, but for none more than the 1.8 million Palestinians trapped in the battered sliver of the Gaza Strip. There, the “precision” bombs of the Israeli military have obliterated entire families of twenty and thirty; young boys have been blown apart while playing soccer on a beach; and whole neighborhoods have been leveled by the overwhelming Israeli firepower. The United Nations has estimated that as many as 74 percent of the Palestinians killed in Gaza have been civilians, with an average of one child dying every hour during one particularly bloody two-day stretch. With the borders closed and even UN schools under attack, there is simply no place for Palestinians to flee to.

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The failure of the cease-fire proposals have left a void where impunity continues to flourish. Yet the diverse and humane currents of international civil society have been responding, issuing demands Washington is too timid to make. This includes the sixty-four Nobel laureates and public figures—among them Archbishop Desmond Tutu and Noam Chomsky—who have called for an international arms embargo on Israel. They include legal experts like John Dugard, Noura Erakat and Peter Weiss, who have demanded an end to Israel’s collective punishment in Gaza and the beginning of “procedures to hold accountable all those responsible for violations of international law.” They include Jewish groups like Jewish Voice for Peace, which has been tireless in defending Palestinian rights, and J Street, which is pressing for an end to the siege of Gaza. And they include the Palestinian civil society groups that have been steadfast in calling for nonviolent resistance by means of boycott, divestment and sanctions.



The civilian population in the Gaza Strip is under direct attack and many are forced to leave their homes. What was already a refugee and humanitarian crisis has worsened with a new wave of mass displacement of civilians: the number of IDPs [internally displaced persons] has reached nearly 150,000, many of whom have obtained shelter in overcrowded UNRWA schools, which unfortunately are no safe areas as demonstrated by the repeated attacks on the UNRWA school in Beit Hanoun. Everyone in Gaza is traumatized and living in a state of constant terror.

This result is intentional, as Israel is again relying on the “Dahiya doctrine,” which deliberately has recourse to disproportionate force to inflict suffering on the civilian population in order to achieve political (to exert pressure on the Hamas Government) rather than military goals.

In so doing, Israel is repeatedly and flagrantly violating the law of armed conflict, which establishes that combatants and military objectives may be targeted, i.e. “those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.” Most of the recent heavy bombings in Gaza lack an acceptable military justification and, instead, appear to be designed to terrorize the civilian population. As the ICRC clarifies, deliberately causing terror is unequivocally illegal under customary international law.

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The indiscriminate and disproportionate attacks, the targeting of objectives providing no effective military advantage, and the intentional targeting of civilians and civilian houses have been persistent features of Israel’s long-standing policy of punishing the entire population of the Gaza Strip, which, for over seven years, has been virtually imprisoned by Israeli imposed closure.

Such a regime amounts to a form of collective punishment, which violates the unconditional prohibition set forth in Article 33 of the Fourth Geneva Convention and has been internationally condemned for its illegality. However, far from being effectively opposed by international actors, Israel’s illegal policy of absolute closure imposed on the Gaza Strip has relentlessly continued, under the complicit gaze of the international community of States.

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