Editors’ note: Amid surging violence between Hamas and Israeli forces, JURIST is seeking perspectives from law students, law professors and lawyers around the world. Neither this nor other commentaries in this series constitute JURIST editorial policy, nor do they necessarily reflect the opinions of the editorial team.
This commentary is a compilation of views offered by a collective of lawyers and law students living and working in Palestine. The authors have requested anonymity due to acute security threats they are presently facing. For a different perspective, see another commentary published today, which was written by an Israeli law student, available here.
The international community must act to stop Gaza’s humanitarian crisis
Israeli forces have claimed thousands of Gazan lives in the weeks that have passed since Oct.7, including those of many women and children. The extreme toll of destruction and displacement should serve as a global reminder of the severity of the crisis.
Since the 1967 invasion, Gaza has faced long-standing injustice and mass destruction, leading to a population surge from the West Bank. The siege since 2007 has created severe unemployment and affected every aspect of life, with a disproportionate impact on Gazan children.
Israel has repeatedly and very publicly violated a broad swath of human rights instruments, including the Geneva Conventions. The systematic mistreatment of prisoners, the targeting of civilians, and the imposition of a blockade restricting essential supplies have created a monumental humanitarian crisis.
Palestinians have the right to resist this occupation. The international community has let this go on for far too long; it is time for the world to take immediate action to compel Israel to comply with international law. The only alternative is a further humanitarian catastrophe.
Gaza is an open-air prison.
October 7, 2023, marked a historical moment for Palestinians as Hamas forces crossed into Palestinian lands that had been occupied by Israel since 1948. the Israeli narrative attempts to label this as an unprovoked attack, which is far removed from reality.
The blockade of Gaza since 2007 has caused and perpetuated a full-blown humanitarian crisis, depriving Gazans of basic human rights, including clean water, food, and essential medical supplies. The blockade has been condemned by the UN as collective punishment, gravely breaching international humanitarian laws.
Gaza’s history of devastation, continuous attacks, and traumatic experiences have profoundly affected its inhabitants. Numerous civilian casualties, the destruction of infrastructure, and psychological trauma endure due to repeated assaults, violating international conventions on warfare.
The provocation extends beyond Gaza, impacting the occupied West Bank. Illegal settlements, barriers, and assaults on religious sites further exacerbate tensions.
The world turns a blind eye as Israel repeatedly violates international law
For over 75 years, Israel’s occupation of Palestine has facilitated the commission of war crimes and ethnic cleansing against Palestinians. Yet it has been met with global silence and the absence of meaningful international legal options. It is in this context that the world is waking up to the need to examine the legitimacy of Israel’s actions — and to take a closer look at its attempts to cloak its crimes.
The recurring echoes of injustice, from the Nakba of 1948 to the Naksa of 1967, reveal explicit violations of international humanitarian law, and a perpetual disregard for fundamental human rights in violation of the Fourth Geneva Convention and the Universal Declaration of Human Rights, among other instruments. The justifications offered in Western media often rationalize Israel’s actions, alleging that it is the responsibility of civilians to keep themselves safe such as by heading to Egypt, while at the same time bombing the Rafah border crossing. Contradictions such as these reveal an undeniable truth: Israel continues to endeavor to steal Palestinian land, displace its inhabitants, and justify the killing of civilians and children by blaming them. This highlights the extent of its crimes and the depth of its disregard for human rights.
Presently, Gaza suffers collective punishment, deprived of essential resources, and facing banned substances like white phosphorus. The plight extends beyond targeted factions; it’s a broad assault on the entire Palestinian populace. Stories of individual suffering, like that of Ahmed Manasrah, highlight the ongoing struggle of Palestinian children enduring unjust confinement and maltreatment.
The fundamental query remains: how can such actions be legitimized, especially when they starkly violate international humanitarian laws and conventions?
The authors are law students and young lawyers in the West Bank
