Palestine & Israel Conflict

UN inquiry: Israel’s actions in Gaza are an ‘intentional attack on civilians’

Most recently, the United Nations has concluded that recent prospects of the Israeli armed forces in the Gaza Strip territory were some form of an “intentional attack on civilians. ” This conclusion stems from an investigation conducted by the United Nations Human Rights Council, which has drawn considerable concern to the legalities of the armed operations as well as the consequences of the operations in the strip that holds a hugely populated Gaza Strip.

The Gaza Strip is a small area of thirty one square kilometers located between Israel and Egypt and inhabited by more than two million Palestinians; and has been a hotbed of conflict between Israelis and Palestinians. Gaza Strip has been under an Israeli blockade since 2007 resulting in poor economic and devastating health situations. Intermittent upsurge of aggression has claimed several lives and property; the populations are at the center of any war.

Here the next activities according to the schedule of action plan for the UN Inquiry are mentioned:

The UNHCR’s investigations centered on one particular series of military actions of Israel in and around Gaza involving aerial bombardments, artillery and a ground campaign. This inquiry established that these actions were aimed at civilian objects such as civil structures, private housing, schools, and health sectors. Based on the testimonies by victims and eyewitnesses, analysis of aerial photographs, and visits to the affected areas, some of these attacks were realized to be not reasonable precautions to minimize harm to civilians or were excessive to the expected military value.

Among the problematic aspects, there was one that concerned the intentional targeting of the residential sector. Whereas the inquiry list case examples of full families being exterminate in their homes thus implying a culture of genocide not just a mere act of crime. As a result, UNHRC concluded that the act of using MOs was an intentional attack on civilians a prohibited act under international Humanitarian law principles of distinction and proportionality.

It is completely forbidden to launch attacks against civilians and civilian property which are protected by International Humanitarian Law as embodied in the Geneva Conventions. The principle of distinction includes a prohibition against direct attacks on civilians and those who are not taking a direct part in hostilities while proportionality states that collateral harm to civilians shall not be excessive as compared to the anticipated security gains from a given attack.

It is evident that the UNHCR’s description of the Israeli military actions as constituting ‘intentional attacks on civilians’, implies that these principles were not observed. If that were to occur in a judicial proceeding it would constitute what is legally defined and constrained as war crimes under international law. The discoveries of this inquiry have therefore received requests for any responsibility and lawful measures against all supervisors of such operations and groups undertaking them.

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