Current:Home > reviewsHow international law applies to war, and why Hamas and Israel are both alleged to have broken it -CapitalWay
How international law applies to war, and why Hamas and Israel are both alleged to have broken it
View
Date:2025-04-17 15:36:55
LONDON (AP) — Hamas and Israel have both been accused of breaking international law during their latest conflict, and the United Nations says it is collecting evidence of war crimes by all sides.
Enforcing the law amid the fog of war is difficult. Holding perpetrators to account once conflicts are over has often proved elusive.
Here is a look at some of the issues.
WHAT ARE THE RULES OF WAR?
The rules of armed conflict are governed by a set of internationally recognized laws and resolutions, including the United Nations charter, which prohibits aggressive wars but allows countries the right to self-defense.
Battlefield behavior has international humanitarian laws including the Geneva Conventions, drawn up after World War II and agreed on by almost every nation.
The four conventions agreed upon in 1949 set out that civilians, the wounded and prisoners must be treated humanely in wartime. They ban murder, torture, hostage-taking and “humiliating and degrading treatment” and require fighters to treat the other side’s sick and wounded.
The rules apply both to wars between nations and conflicts, like that between Israel and Hamas, in which one of the parties is not a state.
Another key document in the law of war is the founding Rome Statue of the International Criminal Court, which defines as war crimes acts including intentional attacks on civilians, civilian settlements or humanitarian workers, destroying property where not militarily necessary, sexual violence and unlawful deportation.
Other agreements ban certain types of weapons, such as chemical or biological munitions. Most but not all countries have signed up to these.
HAS HAMAS COMMITTED WAR CRIMES?
Hamas has fired thousands of rockets at Israeli towns and cities, and on Oct. 7 sent hundreds of gunmen across the border from Gaza. They attacked and killed civilians – including children and elderly people -- in their homes and neighborhoods and kidnapped scores of others. Israel says at least 1,400 people died and 199 others were abducted.
Haim Abraham, a lecturer in law at University College London, said the evidence of crimes is clear.
“They massacred civilians at their homes. They kidnaped civilians, taking them hostage. All of these things are clearly war crimes,” he said.
Jeanne Sulzer, a lawyer with the Commission for International Justice of Amnesty International France, said the Geneva Conventions state that “civilians should never be taken hostage. If they are, that may be characterized as a war crime.”
HAS ISRAEL’S RESPONSE BEEN LEGAL?
The Israeli military has pounded Hamas-ruled Gaza with airstrikes, blocked deliveries of food, water, fuel and electricity and told people to leave the northern half of the strip ahead of a possible ground invasion. Gaza authorities say 2,800 people have died and 11,000 have been injured during days of bombardment.
Critics accuse Israel of collectively punishing Gaza’s 2 million residents.
The Geneva-based International Committee of the Red Cross has said the instruction for hundreds of thousands of people to leave their homes, “coupled with the complete siege explicitly denying them food, water, and electricity, are not compatible with international humanitarian law.”
The Israeli army says it follows international law and strikes only legitimate military targets as it seeks to root out militants who embed themselves among the civilian population.
Human Rights Watch has accused Israel of using munitions containing white phosphorus. The incendiary substance is not banned, but its use in densely populated areas has been widely condemned. The Israeli Defense Force has denied using white phosphorus as a weapon in Gaza.
CAN LAWBREAKERS BE HELD TO ACCOUNT?
A United Nations Commission of Inquiry says it is “collecting and preserving evidence of war crimes committed by all sides” in the current conflict. That evidence could be added to an ongoing investigation by the International Criminal Court into the situation in the Palestinian territories.
The Netherlands-based ICC has the power to prosecute nations’ officials for violations and order compensation for victims. But some countries – including the United States, Russia and Israel -- do not recognize the court’s jurisdiction, and the ICC does not have a police force to execute arrest warrants.
ARE THERE ANY OTHER ROUTES?
While the ICC is the only permanent international tribunal set up to prosecute war crimes, other international courts including the International Court of Justice and the European Court of Human Rights can hear cases related to alleged violations. So can domestic courts in Israel or elsewhere, Under U.S. law, American victims could try to bring claims for compensation against Hamas in U.S. courts.
As with Russia’s invasion of Ukraine, the prospect of prosecuting war crimes in the current conflict seems remote. But Amnesty International’s Sulzer said “legal initiatives are already a reality.” She said French national and dual citizen victims of the Hamas attacks have already filed complaints in French courts.
Breaches of international law can also trigger sanctions – such as those imposed on Russia by the United States, the European Union and others over the invasion of Ukraine – and in rare cases draw U.N.-authorized military intervention.
___
Associated Press Writer Elaine Ganley in Paris contributed to this story.
veryGood! (29)
Related
- The White House is cracking down on overdraft fees
- Stacked bodies and maggots discovered at neglected Colorado funeral home, FBI agent says
- How 'The Book of Clarence' brings 'majesty' back to the Hollywood biblical epic
- Think Bill Belichick is retiring? Then I've got a closet of cut-off hoodies to sell you
- What do we know about the mysterious drones reported flying over New Jersey?
- This week on Sunday Morning (January 14)
- NBA mock draft 3.0: French sensation Alexandre Sarr tops list
- Who was the revered rabbi cited as inspiration for a tunnel to a basement synagogue in New York?
- Friday the 13th luck? 13 past Mega Millions jackpot wins in December. See top 10 lottery prizes
- Is the musical 'Mean Girls' fetch, or is it never going to happen?
Ranking
- Jorge Ramos reveals his final day with 'Noticiero Univision': 'It's been quite a ride'
- Democrat announces long-shot campaign for North Dakota’s only U.S. House seat
- Israel seeks dismissal of South Africa's case at U.N. court alleging genocide against Palestinians in Gaza
- Nearly 700 swans found dead at nature reserve as specialists investigate bird flu
- Behind on your annual reading goal? Books under 200 pages to read before 2024 ends
- A frigid spell hits the Northwest as storm forecast cancels flights and classes across the US
- 'Change doesn’t happen with the same voices': All-female St. Paul city council makes history
- Is eye color surgery the new fad? Interest soars as doctors warn of permanent risks.
Recommendation
The 401(k) millionaires club keeps growing. We'll tell you how to join.
All the Details on E!'s 2023 Emmys Red Carpet Experience
This week’s storm damaged the lighthouse on Maine’s state quarter. Caretakers say they can rebuild
‘Parasite’ director calls for a thorough probe into the death of actor Lee Sun-kyun
This was the average Social Security benefit in 2004, and here's what it is now
Campaign advocate for abortion rights makes plea for Kentucky lawmakers to relax abortion ban
This week on Sunday Morning (January 14)
Watch these humpback whales create a stunning Fibonacci spiral to capture prey