War Crimes: Israel or Hamas?
The recent conflict between Israel and Hamas has brought up the debate about War Crimes and the Geneva Convention.
War crimes are serious violations of the laws and customs of war, committed during armed conflicts. These offenses target civilians, prisoners of war, and non-combatants, and include acts such as murder, torture, rape, and the deliberate targeting of civilian populations. The perpetrators of war crimes can be individuals, military personnel, or even entire nations.
The Geneva Conventions are a set of international treaties that establish the humanitarian rules of war. Adopted between 1929 to 1949, these conventions were designed to protect those who are not or are no longer participating in hostilities, including civilians, medical personnel, and prisoners of war. The Geneva Convention can also be called The Humanitarian Law of Armed Conflict wherein the first three sections apply to soldiers and the fourth section applies to civilians and combatants
The recent conversations about war crime all circulate around the Israel-Hamas conflict. Amongst them, the incident wherein Noa Marciano was kidnapped and held by the Hamas terrorists, to be executed can be considered as a war crime. Hamas sympathizers are trying to validate the execution by stating that she was an IDF soldier, and hence, would fall under the first section of the Geneva Convention which protects the soldiers and dismisses the blatant execution of soldiers stating that a judgment is mandatory beforehand. Therefore, in this scenario, her title as a civilian or an IDF soldier is irrelevant and it counts as a war crime.
Medical facilities are to be considered as neutral zones but the Hamas terrorists have occupied such zones and are utilizing it as a base for military operation. Many sympathizers might state that Israel is committing war crimes by attacking these hospitals but the real crime here would be the utilization of the medically neutral zones as base of operations according to the Geneva Convention. Hamas is perpetuating war crimes while being aware that Geneva Convention states that once a neutral zone is used for non-humanitarian purposes, the protection it has under the Geneva convention would be nullified, Hence, Hamas cannot blame Israel for the attacks on the hospital grounds.
What has also been highlighted by the Israeli intelligence is a picking up of a chatter on a radio conversation between two Hamas operatives is using of an ambulance by a terrorist.
The Geneva Conventions represent a significant milestone in the quest to humanize the conduct of armed conflicts. By establishing fundamental principles and protections, these conventions aim to minimize the suffering of individuals caught in the crossfire of war. As the international community continues to grapple with the complexities of modern conflicts, upholding the spirit and letter of the Geneva Conventions remains essential in safeguarding humanity during times of war.
While all of it holds true, the death of civilians during conflicts is never an easy reality to stomach. What is required for nations to establish a territory for the Palestinians to live and that can be carved out from countries in and around Palestine. A safe state should be established and democracy must sustain. Living in peace is a right of the Palestinian people and living in peace is also the right of the Israeli people who have faced persecution attempts and attempts of ethnic cleansing by the Nazis and then right wing Islam over a century.