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Information and Evidence Unit
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
The Netherlands
OTP.InformationDesk@icc-cpi.int
ARTICLE 15 Communication regarding the situation n the state of Palestine with emphasis on the crimes committed after 7 October 2023 by Israel, entailing an urgent Appeal from a Coalition of victims, individuals, NGOs, and Lawyers for an Investigation into Crimes Committed in the State of Palestine, Particularly Emphasizing Offenses Post 7 October 2023 by Israel
4 May 2024, Amsterdam, The Netherlands
Dear Mr. Khan,
We urgently draw your attention to the alarming situation unfolding in the State of Palestine since the 7th of October 2023. This impassioned plea stems from victims, individuals, NGO’s and lawyers who are dedicated to the pursuit of justice. The complainant urges you to intensify investigations into the severe atrocities committed by the State of Israel and requests your Office to investigate, issue warrants of arrest and prosecute state officials responsible for the war crimes and violations of humanitarian law.
Embedded in this communication is a compelling case for the ICC to rise above any political and geopolitical sensitivities, emerging as the guiding force for accountability after the Palestinian people had been enduring international (humanitarian) law and human rights violations for more than 75 years. The future of international law and faith in its effectiveness and purpose stand on the brink, and your actions can serve as a catalyst for substantial change.
request your Office to investigate, issue warrants of arrest for and prosecute:
Prime Minister Benjamin Netanyahu;
Defense Minister Yoav Gallant;
National security Minister Itamar Ben-Gvir;
Minister of Foreign Affairs Israel Katz;
Equality minister, May Golan (Minister;
Lieutenant General Herzi Halevi (IDF Chief of the General Staff);
Major General Tomer Bar (Commander of the Israeli Air Force);
Major General Aharon Haliva (Military Intelligence chief);
Rear Admiral Daniel Hagari (Head of IDF Spokesperson’s Unit);
Ronen Bar (Head of Shin Bet);
Major General Yaron Finkelman (Commander of IDF Southern Command);
Brigadier General Avi Rosenfeld (Commander of IDF Gaza Division)
For committing the most serious crimes of concern to the international community as a whole, crimes that fall within the jurisdiction of the International Criminal Court according to article 5 of the Rome Statute.
Kind regards,
INDEX:
Introduction…………………………………………………………………………………………………………………….6
Jurisdiction of the Criminal Court………………………………………………….………………..……………….7
History of Palestina………………………………………………………………………………………………………..10
The facts…………………………………………………………………………………………………………………………14
LAW……………………………………………………………………………………………………………………………….15
Article 6 Genocide………………………………………………………………………………….……….15
Dehumanization and hate speech……………………………………………………..……….28
Destroying Palestinian Identity, Culture and Continuity……………………………..30
Genocide- present situation……………………………………………………………………….31
Article 7 Crimes Against Humanity………………………………………………………………….32
Murder……………………………………………………………………………………………….32
Extermination…………………………………………………………………………………….32
Aid…………………………………………………..………………………………………………..33
Cutting electricity in Gaza…………………………………..…………….……………….40
Enslavement………………………………………………………………………………………41
Deportation or forcible transfer of population…………………………………..43
Imprisonment …………………………………………………………………………………..49
Torture………………………………………………………………………………………………66
Rape, sexual slavery and so on……………………………………………………..……67
Persecution………………………………………………………………………………………..69
Enforced disappearance of persons……………………………………………………70
Apartheid ………………………………………………………………………………………….71
Article 8 War Crimes………………………………………………………………………………………….76
Article 8, section 2, a (iv) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and want only;………….……………………………………………………………………………………….76
Natural gas……………………………………………………………………………………….……………77
(article 8, (2) (a: vii.) (b)(xxvi) (c: iii.) (e: vii.) of the Rome Statute, Taking of hostages and participation actively in hostilities and the use of child soldiers…………………………………………………………………………………………….77
Article 8 2 B: (i)Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; ……………………………………………………………………………………………………..79
Attacking civilians………………………………………………………………………...79
White flags……………………………………………………………………………….…..85
Article 8 2 B: (ii)Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; ……………………………………………………………….86
The obligation to distinguish between a legitimate military objective and civilian population a legitimate military objective and the principle of distinction…………………………………………………………………………………………86
Civilian objects………………………………………………………………………………………….…..93
Journalists………………………………………………………………………………………...99
Article 8 2 B: (v) Attacking or bombing, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;…………………………………………………………………………………………………119
Refugee camps………………………………………………………..………………………119
Attacks the infrastructure in Gaza …………………………………………………..121
Article 8 2 B: (ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;…………………………………………………………………………………………………124
Hospitals………………………………………………………………………………….……124
Places of education (schools and universities)…………..………………….140
Mosques and Historical Churches………………………………………………….141
Article 8 2 (b): (xvii) Employing poison or poisoned weapons; (xviii)Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; ……………….………………………………………………………………………………………………..143
The use of white phosphorus vs weapons……….……………………………143
Article 8 (2) (b) (xxi) Rome Statute Committing outrages upon personal dignity, in particular humiliating and degrading treatment ………………………………………151
Stolen bodies/organs…………………………………………………………………..151
Demolishing cemeteries………………………………………………………………153
Article 8 2 (b) (xxiv)Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;…………………………………154
Red Cross/other social workers…………………………………………….…154
ARTICLE 8 2 (B): (xxv)Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions; Denying civilians of water, food, aid and demolishing the instruments to get access to it…………………………………………………………………………………………………….……..156
Conclusion………………………………………………………………………………………….….161
Individual Criminal Responsibility……………………………..……………161
Introduction
Israel has experienced an exceptional form of complete de facto immunity from international law since its establishment. Despite the clear violations of international laws, especially those related to humanitarian and human rights, this immunity is a consequence of steadfast support from its allies from the West, who are ready to utilize all possible ways to enable and to protect Israel. To illustrate this point, the U.S. has repeatedly wielded its veto power at the UN Security Council to defeat any resolutions which might impede Israel, including vetoing all cease-fire resolutions till date.
The ongoing military operations of the Israeli authority are crucial components of a de facto systematic effort to eradicate the Palestinian people in their own land. This systematic effort is sustained through a persistent occupation based on an apartheid regime, effectively functioning as a mechanism of governance. This regime is founded on extensive dehumanization of the Palestinians, intended to cultivate the belief that Palestinians inherently pose a security risk. Since the 7th of October 2023, numerous statements by Israeli government officials shamelessly intensified their dehumanizing and genocidal campaign against Palestinians. Statements that align well with the manner in which Israel is committing genocide, a genocide that is being livestreamed by victims on social media.
In these statements, part of a hasbara public diplomacy for which Israel is known, the Israeli officials decided not to focus on the acts which were actually committed by Hamas. The officials decided to focus on events which clearly did not happen : the supposed killing and beheading of twenty babies and allegations of widespread rape by Hamas fighters. This had as a willful goal and effect to steer public opinion towards supporting a genocidal campaign against the Palestinian (civilian) population. We know that (2) babies had died as a result of the Hamas campaign, but the stories of widespread rape and the beheading of babies that have led up to this genocidal campaign have extensively been rebutted. By creating these false narratives, a climate was created in which genocide could be perpetrated.
Israeli government officials (1) Prime Minister Benjamin Netanyahu; (2) Defense Minister Yoav Gallant; (3) National security Minister Itamar Ben-Gvir; (4) Minister of Foreign Affairs Israel Katz; (5) Head of the IDF Spokesperson Daniel Hagari; (6) Equality minister, May Golan (Minister; (7) Lieutenant General Herzi Halevi (IDF Chief of the General Staff); (8) Major General Tomer Bar (Commander of the Israeli Air Force); (9) Major General Aharon Haliva (Military Intelligence chief); (10) Rear Admiral Daniel Hagari (Head of IDF Spokesperson’s Unit); (11) Ronen Bar (Head of Shin Bet); (12) Major General Yaron Finkelman (Commander of IDF Southern Command); (13) Brigadier General Avi Rosenfeld (Commander of IDF Gaza Division are accused of genocide and ongoing war crimes committed against the Palestinians.
These offenses encompass the denial of access to essential resources like water, food and electricity, unlawful detention, abuse and rape, robbery and theft of civilian property, kidnapping of civilians, the deliberate bombing of civilians and civilian residences and civilian infrastructure, mosques, churches, UN-buildings, schools and hospitals and the deployment of specialized and prohibited weapons against civilians. This is coupled with illegal occupation, intentional destruction, annihilation and forced mass displacement of civilians and preventing civilians from returning home.
Amidst the focus on Gaza, the condition of Palestinians in the West Bank is rapidly worsening. Consequently, this appeal encompasses the present circumstances in the West Bank as well. Given the unbearable ongoing transgressions by Israel in Gaza, the situation in Gaza is the central subject of this correspondence. This request specifically calls for the inclusion of atrocities committed since the 7th of October 2023, given the ongoing and persistent war crimes. While the coalition acknowledges the intricate and time-consuming nature of such investigations, it urges the Prosecutor to expedite the process, to issue warrants for their arrest and to release (interim) findings. There is an urgent need for justice, necessitating accountability for those responsible for the perpetrated war crimes.
Jurisdiction of the Criminal Court
The International Criminal Court has had jurisdiction over The State of Palestine since the 1st of January 2015 according to article 12 (3) of the Rome Statute. On the 1st of April 2015, The Rome Statute entered into force for Palestine. The Pre-Trial Chamber I granted authorization to the Office of the Prosecutor (OTP) to conduct investigations under the title "the Situation in the State of Palestine" on the 5th of February 2021.
On the 3rd of March 2021, a significant development unfolded as the Prosecutor officially announced the commencement of an investigation into the situation in Palestine, aiming to scrutinize alleged crimes falling under the jurisdiction of the Court dating back to the 13th of June 2014.
Palestine has been actively providing information and reports about the conflict in Gaza since 2014, with various Human Rights Organizations also submitting reports to the ICC. Prosecutor Khan has affirmed that the court is actively investigating any alleged crimes in Gaza, and those found in breach of the law will be held accountable. However, as of today, the Prosecutor has yet to conclude the investigation or prosecute any party involved. This is in stark contradiction to the very quick arrest warrant issued against Vladimir Putin. It seems as if the ICC clearly acts differently when the accused state is the State of Israel.
The Rome Statute underscores a crucial necessity for an enduring commitment to the respect and enforcement of international justice. However, the observed facts suggest a notable shortfall in compliance by Israel, highlighting a pressing need for accountability in light of these circumstances.
This request implores prosecutor Khan to initiate investigations proprio motu according to article 15 of the Rome Statute from the basis of the hereby submitted information on crimes within the jurisdiction of the Court. According to article 15 (1) and (2) of the Rome Statute, any individual, group, or organization can provide the Office of the Prosecutor of the ICC with information on alleged crimes that fall within the jurisdiction of the ICC. According to article 11 (1) of the Rome Statute, the Court has jurisdiction now that the committed crimes have taken place after the date on which the Rome Statute came into effect. According to article 15 (1) of the Rome Statute the prosecutor of the Court may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.
Pursuant to article 25 (3) (c) (d) (i) (ii) (e) (f), (3bis), the Court can start an investigation on crimes that fall within the jurisdiction of The International Court, filed complaints by any individual, group or any organization.
Pursuant to article 53 (1) (a) (b) (c) of the Rome Statute, the Prosecutor has jurisdiction to initiate an investigation after evaluating the delivered available information. Since the ICC holds jurisdiction over Palestine, the ICC has authority to investigate and prosecute the actions of the aforementioned Israeli state officials.
Pursuant to article 5 of the Rome Statute, the Court holds jurisdiction over the following crimes:
The Crime of Genocide (article 6);
Crimes against Humanity (article 7);
War Crimes (article 8);
The Crime of Aggression (article 9).
The following sections detail the crimes committed by the aforementioned state officials, detailing the violations of international humanitarian laws and human rights. This request specifically calls for the inclusion of atrocities committed since the 7th of October 2023, given the ongoing, persistently committed war crimes. Our urgent appeal is directed to the Prosecutor, urging him to wield his authority and address these serious crimes committed in Palestine. We emphasize the significance of recognizing these violations as matters of concern for the international community at large.
By initiating an independent investigation into this matter, you have the opportunity to reshape the prevailing narrative surrounding the International Criminal Court. The ICC has been criticized as a neo-colonial project, allegedly politically influenced by the white-west, particularly in relation to the perceived 'targeting of Africa' by your predecessors and the prosecution of those not aligning with western interests.
The Palestinian state's application for ICC membership and extension of jurisdiction within its territories, along with numerous communications and complaints from Palestine, NGOs, and individuals providing clear evidence of war crimes committed by Israeli state officials, highlights the significance of this issue.
Despite the undeniable jurisdiction of the ICC over the Situation in the State of Palestine, a noticeable hesitation to take action is apparent. This hesitation results in a corrosive effect on the ICC's future. Failing to examine all sides in an armed conflict contradicts the interest of justice. Allocating resources to investigate and prosecute these atrocities would be widely seen as a decolonial action, aligning with the priorities of the Office of the Prosecutor (OTP).
Following the complementarity principle, your investigation and prosecution will serve as a crucial forum for Palestinians, who currently lack effective local remedies. Israeli judicial institutions, including the Supreme Court, often grant significant leeway to military authorities to restrict Palestinian rights on security grounds. Individual case applications are ineffective, and, more concerning, crimes committed by soldiers, state officials, ministers, and Netanyahu are not considered crimes according to current Israeli standards.
The world is watching. The military actions are extensively documented, both by IDF soldiers and Palestinian journalists on the ground. This leaves minimal room for misinformation, given that the entire world is witnessing the events unfold online.
The evidence is available and documented and will be submitted on request.
History of Palestine
The Israeli-Palestinian issue is rooted in history, tracing back nearly a century to World War I when Britain, under the Balfour Declaration, committed to establishing a national home for the Jewish people in Palestine. The British took control over Palestine in October 1917. Between 1918 and 1947, the Jewish population in Palestine increased from 6 percent to 33 percent. Since the arrival of Jewish refugees, the new established Israeli regime has occupied and colonized Palestine, encompassing the West Bank, East Jerusalem, and Gaza.
The occupation, displacement, and colonization of the Palestinian population by Israel commenced in 1930, coinciding with the surge in Jewish immigration driven by persecution in Europe and the Zionist movement's goal to establish a Jewish state in Palestine. Following the rejection of a UN resolution dividing Palestine into two states (Jewish and Palestinian) by the Arab World, Jewish militants initiated attacks on Palestinians, resulting in widespread displacement and dispossession known as the Nakba, or "catastrophe." This event led to the displacement of 700,000 Palestinians, nearly half of the entire Palestinian population, and heightened tensions, culminating in the Palestinian revolt from 1936 to 1939. This marked the first instance of violence against Palestinians brought to the attention of the UN.
In accordance with Resolution 67/19, which reaffirms UNGA Resolution 58/292, it explicitly recognizes the Palestinian territory occupied since 1967, including East Jerusalem, as subject to military occupation. It emphasizes the Palestinian people's right to self-determination and sovereignty over their territory, affirming that Israel, as the occupying Power, is bound by the duties and obligations outlined in the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949) and the Regulations annexed to the Hague Convention respecting the Laws and Customs of War on Land (1907).’
Article 42 of the Hague Regulations 1907 describes the definition of ‘occupation’. In this article it states that a: "Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised." When a situation exists which factually amounts to an occupation, then the law of occupation is considered to be applied no matter whether or not the occupation is considered lawful. The facts on the ground determine its application.
While many Palestinians lost their homes, Israel declared its independence on the 14th of May 1948. Not only did the Jewish immigrants settle in the Jewish parts designated for the Jewish state, they also confiscated areas designated for the Palestinian State. In December 1948 the UN General Assembly passed Resolution 194, which calls for the repatriation of Palestinian refugees.
According to Israeli Professor Ilan Pappé: “The Nakbah is an operation of ethnic cleansing. This was a systematic expulsion of the Palestinians in order to the Arabic Palestine and create on its ruins a Jewish State in 1948. He further noticed that is important to say that the Nakba continues, because only 50% of the people were expelled and only 80% of the land was taken. The Nakba continues every day in Gaza, Nablus in the Galilee, in the Nakbah and we should have a discussion about the destruction of the Palestine.”Where Israel justifies its military actions under the right of self-defense and as a means to maintain its security of existence, another Israeli strategy emerges, namely the blurring of its territorial boundaries and the complete annexation of Gaza which is illegal under international law.
The second war, known to Arab speakers as Al-Naksa, and known as the Six Day War to English speakers, took place from the 5th of June until the 10th of June 1967. This six day war resulted in Israel occupying the Gaza Strip, the West Bank and East Jerusalem. The Syrian Golan Heights and the Egyptian Sinai Peninsula were also occupied by Israel. The UN Security Council issued a resolution (242) calling on Israel to cease its occupation of sovereign territories. In September 1978 Israel and Egypt signed the Camp David Accords, which paved the way for negotiations to end Israel's occupation of the Gaza Strip and the West Bank.
The first Intifada erupted in December 1987 after an Israeli driver killed four Palestinians. Despite various attempts to find a peaceful solution to the fate of the Palestinians and the security of existence of the Palestinian and Israeli states (for example the Oslo I and II agreements and the peace treaty between Jordan and Israel), a second Intifada erupted on September 28, 2000 when then-President Ariel Sharon visited the Temple Mount. The Palestinians interpreted this visit as an outright provocation and a threat to the religious sovereignty of Haram al Sharif.
In 1997, Israel already established 19 settlements on 23.000 dunams of land, and houses for around 5.000 settlers. In 2005, Israel withdrew from Gaza and dismantled its settlements. Contrary to what the Israeli government claims, Israel’s withdrawal of its ground forces from Gaza in 2005 did not end its occupation of Gaza. That is because, ever since, Israel has maintained effective control over Gaza, including its territorial waters and airspace, the movement of people and goods, except at Gaza’s border with Egypt, and the infrastructure upon which Gaza relies, turning the Gaza Strip into an open-air prison.
According to the UN, the occupation of the State of Palestine is unlawful under international law. Conflict(s) continued during the following years between 2008 and the 7th of October 2023. During that period the UN registered 6,542 Palestinians and 308 Israelis killed in hostilities —less than 14 percent were women and girls.
According to Barack Obama in the first hearing at the International Court of Justice quoted: "Just about every country in the world considered Israel's continued occupation of the Palestinian territories to be a violation of international law."
Pursuant to article 42-56 of the Hague Regulations 1907 and articles 27-34, 47-48 Fourth Geneva Convention, 1949, additional Protocol I and customary international humanitarian law, the duties of an occupying power are clear. Israel has violated her duties since the start of occupying Palestine from 1947 till today in 2024.
Agnès Callamard, Amnesty International’s Secretary General said: “For 16 years, Israel’s illegal blockade has made Gaza the world’s biggest open-air prison – the international community must act now to prevent it becoming a giant graveyard.”
Israeli far-right activists gathered in front of the fence at the Beit Hanoun (Erez) crossing between Israel and Gaza, calling for the building of Israeli settlements in Gaza after the war is over. A settler woman tells in an interview the following: “It’s a symbolic act, showing that we built two houses. There are two wooden structures and they actually came in with these pieces, these big pieces of wood and they build two structures here on the Gaza strip. We came here in order to enter, to return back home.”
Israeli government ministers announced that a planning body advanced permits for 3,500 new West Bank settlement homes near Jerusalem. The Higher Planning Committee of the Civil Administration, which oversees the construction of Israeli settlements in the occupied West Bank, has reportedly not met since June due to the war in Gaza. The council is headed by far-right Israeli finance minister, Bezalel Smotrich. A synagogue in Toronto, Canada hosted an event on the 3rd of March 2024 for the sale of properties built on Occupied Palestinian Territories to prospective illegal Jewish settlers. An IDF soldier posted a video of him on the 13th of March 2024, speaking about the views in Gaza, while feeding the remains of a killed Palestinian to a dog. Gaza Government media office officially announced that they received information about the execution of a number of children by the occupation arm. Among those executed civilians are patients and displaced persons in the Al Shifa medical complex.
THE FACTS
On the 7th of October 2023, Hamas conducted an attack on Israel. After the Hamas attack on October the 7th of 2023, Israeli conducted numerous airstrikes on targets it stated were associated with Hamas in Gaza. In fact, Israel indiscriminately bombed houses and civilian objects, bakeries, UN-buildings churches, schools, hospitals, infrastructure, roads and cemeteries. It expanded its offensive by destroying cities, towns and refugee camps across all of Gaza resulting in all-around devastation and the killing of civilians. This has led to enormous civilian casualties.
The Israeli regime cut off access to water, food, medical supplies, electricity (networks/cables) and prohibited the entry of aid from other countries. Irrespective of any military action, the authorities must ensure that civilians have access to basic necessities, including safe water, food and medical care. These attacks and blockades are ongoing to this day.
According to the World Health Organization, the Northern Gaza Strip has been completely cut off from aid for months. Malnutrition affects 15.6% of children under 2 years old. The entire population in Gaza, including 50,000 pregnant women, is experiencing hunger. More trucks and fuel are urgently needed to guarantee a steady and reliable food supply for the civilians in Gaza. As the Israeli onslaught is resulting on more casualties and that is on a daily basis, the actual number of victims can be found using the link in the footnote.
Minister of Defense Yoav Gallant announced the complete siege of Gaza on the 9th of October 2023: “I have ordered a complete siege on the Gaza Strip. There will be no electricity, no food, no fuel, everything is closed.” He added: ‘’We are imposing a complete siege on the city of Gaza. There will be no electricity, no food, no water, no fuel, everything is closed. We are fighting human animals.’’
By doing so, Israel has committed and is (still) committing war crimes, violating the Geneva Conventions, international humanitarian law and the Rome Statute – under the pretext of (a right to) self-defense.
As emphasized by Professor André Nollkaemper: “The brutal violence against the people of Gaza does not qualify as self-defense and undermines the Palestinian right to self-determination. Israel is acting in violation of the Fourth Geneva Convention.”
LAW
ARTICLE 6 CRIME OF GENOCIDE ROME STATUTE
Following the attacks in Israel on the 7th of October 7 2023, Israel’s so-called right to self-defense has resulted into what many international human rights groups and legal experts argue constitutes genocide and crimes against humanity by Israeli forces against the Palestinian people in the besieged Gaza Strip.
This extensive report analyzes the actions of the Israeli government and military in Gaza through the lens of the 1948 Genocide Convention, the Rome Statute establishing the International Criminal Court (ICC), relevant international humanitarian law (IHL) and human rights laws. It examines evidence of mass killings of Palestinian civilians, causing of serious bodily and mental harm, inflicting of destructive conditions calculated to physically destroy the Palestinian population in Gaza, use of hate speech and dehumanizing rhetoric potentially amounting to incitement, and the alleged intent to destroy Palestinians as a national, ethnic, racial and religious group in whole or in part.
The legal framework of the genocide according the Convention and the Rome Statute states as follows. The 1948 UN Genocide Convention defines genocide as acts "committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group" by killing members, causing serious bodily or mental harm, deliberately inflicting destructive conditions of life, imposing measures to prevent births, or forcibly transferring children to another group (Article 2). Direct and public incitement to commit genocide is also prohibited (Article 3).
The Convention requires States Parties like Israel to undertake, to prevent and to punish the crime of genocide (Article 1). It further states that "constitutionally responsible rulers, public officials or private individuals" shall be punished for committing genocide (Article 4). In acceding to the Convention, Israel accepted the compulsory jurisdiction of the International Court of Justice over disputes related to its interpretation and application, including accusations of genocide (Article 9).
Article 6 of the Rome Statute defines genocide as any of five possible acts when carried out with the requisite destructive intent against one of the protected groups. The acts constituting genocide under the Statute are:
Killing members of the group
Causing serious bodily or mental harm to members of the group
Deliberately inflicting life conditions calculated to bring about physical destruction
Imposing measures intended to prevent births within the group
Forcibly transferring children of the group to another group
This chapter will examine each of these five acts in turn, with a dedicated chapter analyzing the specific conduct prohibited and the required intent, for each subsection of Article 6's definition of the crime of genocide.
Since Israel's declared "war" against Gaza on the 7th of October 2023, the Israeli Defense Forces (IDF) have conducted a relentless bombing and shelling campaign that has killed over 34.622 Palestinian civilians in Gaza, including at least 14.500 children as of the 3th of Mai 2024. Entire residential neighborhoods have been leveled and key civilian infrastructure like hospitals, schools, and power plants have been targeted, despite their protected status under IHL.
Credible reports from respected human rights monitors like Amnesty International, Human Rights Watch, and the UN, indicate a pattern of disproportionate and indiscriminate attacks against civilian areas using heavy explosive weapons in densely populated zones. The UN Human Rights Office of the High Commissioner released a press statement:
“Israeli armed forces are reported to have repeatedly violated the duties of distinction, proportionality and precaution, as well as the prohibition of indiscriminate and disproportionate attacks under international humanitarian law, and to have failed in their duty to respect, protect and fulfil the right to life of the population of Gaza and the West Bank, resulting in the deaths of tens of thousands of protected persons, including a large number of children, women and the elderly, which may amount to grave breaches of international humanitarian law and international human rights law, including war crimes and crimes against humanity.”
Israel has been repeatedly warned that its rules of engagement and targeting practices in Gaza violate IHL and Rome Statute prohibitions on intentionally attacking civilians and civilian objects. The International Court of Justice (ICJ) recently rendered an order for provisional measures in the case brought by South Africa against Israel, concerning the application of the Genocide Convention. Israel has been instructed by the International Court of Justice to implement measures aimed at preventing acts that could constitute genocide in Gaza.
South Africa brought allegations against Israel, accusing the country of violating its obligations under the Genocide Convention, a treaty that both nations are parties to. The ICJ ordered Israel to take all possible measures to prevent acts of genocide from occurring, prevent and punish incitement related to genocide, and report back to the court on its compliance efforts within one month's time. Despite the International Court of Justice's interim ruling, Israel has defied the order to implement measures aimed at preventing potential acts of genocide in Gaza. Even two months after the ruling, Israel has refused to report back to the court on its compliance efforts, as explicitly mandated.
By deliberately targeting civilians and civilian infrastructure providing essential services on a widespread scale, Israeli forces have committed prima facie violations of grave breaches of provisions of the Geneva Conventions and Article 8(2)(a)(i) war crimes of willful killing and (iv) willfully causing great suffering under the Rome Statute. More importantly, the mass killing of Palestinians in Gaza amounts to an act of genocide prohibited under Article 6 of the Rome Statute. It is clear that the mass and willful killing and causing of great suffering was and is still being committed with the intent to destroy these protected groups in whole or in part.
In addition to killings caused by airstrikes and shelling, Israeli military operations in Gaza have caused widespread serious bodily and mental harm to the Palestinian population through several means:
Over 77.867 Palestinians in Gaza have been injured, many critically, including children struck by heavy explosive munitions while sheltering in their homes or at schools. Dozens have suffered permanent disabilities like loss of limbs or paralysis.
Israel's longstanding blockade of Gaza, compounded by the latest complete closure of borders even for humanitarian aid, has triggered severe medicine, food, drinking water, and power shortages resulting in deaths from lack of medical care and nutrition. Hospitals and clinics report running out of fuel for generators and medical supplies, resulting in suspension of critical services.
Bombardment of civilian areas has destroyed 60% residential buildings and homes, displacing Palestinians and leaving them without shelter. The UN has stated these displacements and deprivations of basic necessities like food and water in Gaza amount to forcible transfer of civilians prohibited as a potential act of genocide under Article 6(e) of the Rome Statute.
Many of the displaced civilians from Gaza report severe psychological trauma from the violence, constant fear, and disruptions to normal life. Mental health experts warn that the harrowing conditions, especially for children, will have long-term psychological impacts amounting to serious mental harm.
Israel's deliberately inflicting destructive conditions by complete closure of Gaza's borders, preventing any movement of people, food, supplies, or aid from entering. This has created what the UN High Commissioner for Human Rights described as an "apocalyptic" humanitarian catastrophe and threat of starvation for the approximately 2.1 million Palestinian residents. Key statistics as of 3th Mai 2024 include:
The Majority of Gaza's population has no access to clean drinking water as damage to water/sanitation systems combine with border closures preventing entry of fuel and supplies.
The majority of Gaza's population has no electricity, disrupting vital services, as Israel has cut off fuel supplies needed to power generators.
Food insecurity in Gaza has skyrocketed to affecting almost all of the population as farms, markets, bakeries, and food supplies have been destroyed or blocked from entering. Residents report going days without eating.
Medical services in most of Gaza's hospitals and clinics have been suspended due to lack of fuel, power, medical supplies, and safe conditions to operate as facilities are deliberately targeted.
The head of the Shirat Moshe Yeshiva in Occupied Jaffa stated in a video released at 8 March 2024: “Kill everyone in Gaza, even the babies.’’
Israel's Minister of Energy Israel Katz stated explicitly that "Humanitarian aid to Gaza? No electric switch will be turned on, no water tap opened and no fuel truck will enter until the Israeli abductees are returned home." By deliberately depriving Palestinian civilians in Gaza of water, electricity, food, and emergency medical services required for survival, Israel appears to be carrying out the Rome Statute's definition of genocide by "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part" under Article 6(c).
While intent is challenging to prove in practice, the ICC judges have emphasized that individual responsibility for the crime of genocide, even in the case of a “well-disguised intent”, should not be a barrier to prosecute. It is established that a well-disguised intent could be recognized from a variety of indicia. In this case, Israel’s genocidal incitement, intent and dehumanization is present. The large volume of official rhetoric overtly embracing the destruction of Palestinians as apparent policy comprises compelling evidence of intent to commit genocide, in addition to the physical acts themselves.
In the case against Omar Al Bashir, the Pre-Trial Chamber I of the ICC found that there were reasonable grounds to believe that Al Bashir had acted with specific intent to destroy, in part, ethnic groups. Under Article 30, the intent element required for genocide can be met where: "(a) In relation to conduct, that person means to cause that consequence; or (b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events."
The Chamber considered the following elements of genocide:
The actus reus (physical elements) of the crime:
Killing members of the group
Causing serious bodily or mental harm to members of the group
Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
The mens rea (mental element) of the crime:
The specific intent to destroy, in whole or in part, a national, ethnical, racial, or religious group as such:
“(…) when persecution escalates to the extreme form of willful and deliberate acts designed to destroy a group or a part of a group, it can be held that such persecution amounts to genocide.”
The Chamber found that there were reasonable grounds to believe that the Government under Al Bashir's control, had committed acts of genocide through killing, causing serious bodily or mental harm, and deliberately inflicting conditions of life calculated to bring about the physical destruction of the targeted groups.
The court's application of the genocide definition to the Darfur situation involved examining the specific acts committed, the targeted groups, and the alleged perpetrator's intent to destroy those groups in whole or in part. Similarly, the actus reus and mens rea elements will be examined in the case of Palestine in the following chapters.
Numerous high-ranking Israeli government officials and military personnel have engaged in rhetoric that advocate for or incite genocide against the Palestinian population in Gaza. The legal implications of these statements must be carefully examined in the context of international law, particularly the Genocide Convention.
Prime Minister Benjamin Netanyahu's declarations of war against Gaza and his characterization of the conflict as a "struggle between the children of light and the children of darkness" is dehumanizing language that contributes to an environment conducive to genocidal acts. His statements about striking enemies with "unprecedented might" and emphasizing that it is "only the beginning" indicates an intent to inflict widespread destruction of the Palestinian population, which is a protected group under the Genocide Convention:
On the 7th of October 2023, Prime Minister Benjamin Netanyahu declared war: “Citizens of Israel, we are at war. Not in an operation or in rounds but at war”.
He then announced that he had ordered an “extensive mobilization of reserves and that Israel return fire of a magnitude that the enemy has not known”.
He added: “the enemy will pay an unprecedented price”. He ordered the residents of Gaza “get out now”. And that (Israel) “will be everywhere and with all our might”.
During that speech he also promised to “operate forcefully everywhere”.
A week later, on the 13th of October 2023, he announced “'We are striking our enemies with unprecedented might.” He continued by saying “I emphasize that this is only the beginning.”
On the 16h of October 2023 the Prime Minister tweeted: ”This is a struggle between the children of light and the children of darkness, between humanity and the law of the jungle.”
On the 25th of October 2023 he said: “We are the people of the light and they are the people of darkness, and light shall triumph over darkness.” In this statement he clearly referred to the Gazans as the people of the darkness, the evil, that has to be completely destroyed.
On the night of the Shabbat,on the 3rd of November 2023, he said “this is the war between the sons of the light and the sons of darkness. We will not let up on our mission until the light overcomes the darkness. May God grant that our enemies who rise up against us are rebuked in their faces! and the crown of victory.”
During a press conference on the 14th of October 2023, Israeli President Isaac Herzog's held all Palestinians responsible for the destructive military operations in Gaza stating: “It is an entire nation out there that is responsible. It is not true, this rhetoric about civilians not aware or informed, it is absolutely not true. They could fight against evil regime”. He continues with: “(…) we are at war. We are defending our homes. We are protecting our homes. (…) we will fight until we will break their backbone” referring to all the civilians living in Gaza. He suggested that there a no innocent civilians in the Gaza strip.
Herzog’s statements holding all Palestinians responsible for the military operations in Gaza and suggesting that there are no civilians in the Gaza Strip justify a form of collective punishment, which is prohibited under international humanitarian law. His assertion that Israel will fight until they "break their backbone" can be seen as an expression of intent to cause serious bodily or mental harm to members of the Palestinian population, which constitutes an act of genocide under Article II(b) of the Genocide Convention.
The Israeli Defense minister Yoav Gallant has publicly talked of the total destruction Gaza and its residents. During the press conference on October 9, 2023 he stated: “We are putting a complete siege on Gaza. No electricity, no food, no water, no water. It is all closed. We are fighting animals and we are acting accordingly.” Cutting electricity and fuel supplies to Gaza leaves two million people at risk of starvation and malnutrition. In another video uploaded on the 10th of October 2023 he told soldiers: “You saw what we are fighting against. We are fighting against human animals. This is the ISIS of Gaza. This is what we are fighting against. Gaza won’t return to what it was before.”. His ultimate plan is to “eliminate everything”. His timeline for the destruction as he describes: “If it doesn’t take one day, it will take a week, it will take weeks, or even months. We will reach all places.”
Gallant's statements about putting a "complete siege on Gaza" and depriving the population of electricity, food, and water, are calculated to bring about the physical destruction of the Palestinian population in whole or in part in combination with his decisions. This is prohibited under Article II(c) of the Genocide Convention. His characterization of Palestinians as "human animals" and his expressed intent to "eliminate everything" also form evidence of genocidal intent.
The statements made by Israeli Member of Parliament Tali Gotlev, calling for the crushing and flattening of Gaza "without mercy," are a direct and public incitement to commit genocide, which is prohibited under Article III(c) of the Genocide Convention.
Gotlev stated on the 10th of October 2023: “Only an explosion that shakes the Middle East will restore this country’s dignity, strength and security! It's time to kiss doomsday. Shooting powerful missiles without limit. Not flattening a neighborhoods. Crushing and flattening Gaza without mercy! Without mercy!”
On the 28th of October 2023, Israeli Knesset Member Merav Ben Ari's said: “The children in Gaza brought it upon themselves and have themselves to blame”, when trying to justify the death of thousands of Palestinian children. This victim-blaming contributed to an atmosphere of impunity for violence against Palestinian children, who are afforded special protections under international law. This confirms the observation that Israel is targeting an ethnic group based on their ethnicity and its collective punishment does not distinguish between civilians and combatants.
The statements made by Gianluca Pacchiani, the Coordinator of Government Activities in the Territories (COGAT), referring to Palestinians as "human animals" and threatening to subject them to "hell": “Human animals must be treated as such. There will be no electricity and no water [in Gaza], there will only be destruction. You wanted hell, you will get hell”. This is dehumanizing language which is often used to incite genocidal acts and combining it with planned acts, it is an incitement to commit war crimes, paving the way for genocidal acts.
National Security Minister Itamar Ben Gvir's asserted that: “when we say that Hamas should be destroyed, it includes those who celebrate, those who support, and those who hand out candy — they’re all terrorists, and they should also be destroyed.” This fits the narrative and supports the observations that Israel does not distinguish between Hamas soldiers and civilians.
The statements made by Israeli Minister of Energy Israel Katz, conditioning the provision of essential services such as electricity, water, and fuel on the return of Israeli abductees, stating: “Humanitarian aid to Gaza? No electric switch will be turned on, no water tap will be opened and no fuel truck will enter until the Israeli abductees are returned home,” is a grave form of collective punishment and a violation of international humanitarian law, which requires the protection of civilian infrastructure and the provision of basic necessities to the civilian population.
Israeli Minister of Heritage Amichai Eliyahu's statements expressing satisfaction with the destruction in Gaza and his suggestion that the land will be handed over to Israeli soldiers and settlers is indicative of a plan to forcibly transfer the Palestinian population: “North Gaza is more beautiful than ever. Blowing up everything is amazing. When finished. We will hand over the lands of Gaza to soldiers & settlers who lived in Gush Katif.”
This constitutes a crime against humanity and in that volume indicates a will to commit the crime of genocide and ethnic cleansing, with the purpose to transfer its own population to the (occupied) territories, which amounts to a grave war crime in itself.
Avi Dichter, Israeli Minister for Agriculture and former head of Shin Bet, stated in November 2023 that Israel is effectively performing the "Gaza Nakba" and referring to the events as the "Gaza Nakba 2023": “from an operational point of view, there’s no way to conduct a war like the IDF wants to conduct (…). (…)this is the Gaza Nakba 2023”
Statements such as “the Gaza Nakba” or “the Gaza Nakba 2023” clearly indicate a genocidal intent, as the term Nakba is used in the context of ethnical cleansing of a nation. The term "Nakba" is commonly used to refer to a genocide and the mass expulsion of Palestinians from their homes during the 1948 Arab-Israeli War, and its use in this context should be interpreted as an expression of intent to repeat such actions.
On the 8th of October 2023, Ariel Kallner, a member of the member of the National Liberal Movement of Israel (the Likud party) called for a "Nakba in Gaza" and suggesting that it should be carried out in a manner similar to 1948 expressed his will to have the Palestinian population displaced. The statements made by Revital Gottlieb, another member of the Likud party, on 7 October 2023 calling for the bombing and flattening of Gaza "without mercy" are direct and public incitement to commit genocide:
“Take down buildings!! You will be bombed unconscious!!”
“flatten Gaza, without mercy”
“no excuses”.
Galit Distel Atbaryan, a member of the Knesset for Likud and former Minister of Information, tweeted on 1 November 2023:
“Invest this energy in one thing: erasing all of Gaza from the face of the earth. That the Gazan monsters will fly to the southern fence and try to enter Egyptian territory, or they will die. And their death is evil. Gaza should be erased.“
Her statements continue by underlining the necessity of a cruel treatment of Gazans by the Israeli military forces: “a vengeful and cruel IDF is needed here. Anything less is immoral. Just unethical.”
The repeated use of dehumanizing language by Israeli officials, such as referring to Palestinians as "human animals" and "monsters," coupled with statements indicating an intent to destroy Gaza and its population, are evidence of a systematic campaign of incitement to genocide. The Genocide Convention obligates states to prevent and punish acts of genocide, including direct and public incitement to commit genocide. The International Court of Justice has ordered Israel to prevent and prosecute such statements, alas, without result.
Israeli Intelligence Officer Eliyahu Yossian's stated on the 29th of October 2023 on Israeli Channel 14: “There is no population in Gaza, there are 2.5 million terrorists – there is no meaning to give them warning missiles.” This is a form of dehumanization, inciting of collective punishment and an attempt to justify (future and past) indiscriminate attacks against civilians, which are prohibited under international humanitarian law.
Non-official individuals have also engaged in hate speech and rhetoric that incites genocide and war crimes. This is undoubtedly due to the space provided to them by officials and the example set by those in positions of power through their words, writings, and actions. When high-ranking officials use dehumanizing language, express intent to destroy Gaza and its population, and endorse indiscriminate attacks against civilians, it sends a message that such behavior is acceptable and even encouraged.
It is important to recognize that the statements made by non-officials do not occur in a vacuum. They are a reflection of the broader political and social climate created by the words and actions of those in positions of power. When officials engage in hate speech and incitement to violence, it normalizes such behavior and creates a sense of impunity for those who follow their example. This has also destructive effect for the Palestinians outside of Gaza.
The statements made by Israeli soldier Betzalel Taljah on 15 October 2023, indicating that the war is not just with Hamas but with all civilians in Gaza, may be seen as an expression of intent to target civilians, which is prohibited under international humanitarian law.
Former head of Israeli National Security Council Giora Eiland's statements on 10 October 2023 about considering every building and vehicle in Gaza as a military target, regardless of their civilian nature or the presence of civilians, are a violation of the principle of distinction under international humanitarian law, which requires the protection of civilians and civilian objects.
“Israel has already begun suspending the supply of diesel, fuel, electricity and water, as well as closing the border crossings. Yet, it remains uncertain whether these measures are enough.” She continued by stating that: “the entire population of Gaza will either move to Egypt or move to the Gulf. From our perspective, every building in Gaza known to have Hamas headquarters underneath, including schools and hospitals, is considered a military target. Every vehicle in Gaza is considered a military vehicle transporting combatants. Therefore, there is no vehicular traffic, and it does not matter whether it is transporting water or other critical supplies.” “She continues: “As a result, Gaza will become a place where no human being can exist (…).”
Her assertion that by suspending the necessary means to survive, Gaza will become a place where "no human being can exist" is as an expression of intent to create conditions of life calculated to bring about the physical destruction of the Palestinian population.
The statements made by Dror Eydar, the former Israeli ambassador to Italy, expressing a desire to "destroy Gaza" and suggesting that anyone who threatens or kills a Jew "has to die" are an endorsement of extrajudicial killings and collective punishment, which are prohibited under international law and are most an incitement to destroy the civilian Palestinian population (of Gaza)
“I would like to say that in Israel, at least the population, are not interested in all this rational Palestinian talks. For us there is one purpose: to destroy Gaza, to destroy this absolute evil, to destroy this. There is no chance that after the holocaust Jewish people will live a similar experience as they were 80 years ago. After 7 October every person in the world who threatens a Jew or kills a Jew, has to die.”
The intended (mens rea) destruction is evident in the consequences of their actions (actus reus):
According to the latest data from the UN’s Office for the Coordination of Humanitarian Affairs, the World Health Organization and the Palestinian government as of April 14, Israeli attacks have damaged:
More than half of Gaza’s homes have been destroyed or damaged
80% of commercial facilities
80% of school buildings
out of 35 hospitals are partially functioning
83% of groundwater wells not operational
267 places of worship.
In conclusion, the statements made by Israeli government officials and military personnel, when examined in the context of international law, raise serious concerns about the intention for genocidal acts and other grave breaches of international humanitarian and human rights law. The repeated use of dehumanizing language, expressions of intent to destroy Gaza and its population, and the endorsement of indiscriminate attacks against civilians are evidence of a systematic campaign of incitement to genocide and other international crimes.
The Convention against Genocide and the Rome Statute require States Parties to prevent and punish such direct and public incitements to genocide by any "constitutionally responsible rulers [or] public officials" in Article 4 Genocide Convention. The multitude of such inflammatory statements by top Israeli leadership violates this legal duty and further provide key evidence of genocidal intent.
Dehumanization and Hate Speech
Many of the official statements outlined above reflect a broader pattern of dehumanizing rhetoric and hate speech aimed at denying the humanity and moral worth of Palestinian civilians. Israeli officials and leaders have publicly referred to Palestinians as "human animals," "terrorists," "sons/people of darkness," and bearers of an "evil culture."
Dehumanization involves a process, practice or act through in which humanity is denied, undermined or otherwise negatively affected. Dehumanization as in denial of humanity, may for example take the form of animalization or objectification, or as a failure of recognition through which perpetrators fail to be emotionally affected by the expressions of their victims.
Dehumanization is unique as a form of moral exclusion, because “it does not simply lower the position victims hold among fellow human beings but excludes them from the moral category of humanity altogether.” Treatment is dehumanizing if it denies a person‘s human subjectivity, expresses the idea that this subjectivity counts for nothing or serves as a form of dehumanizing representation. People’s human subjectivity can be denied through treatments that completely overlook their subjective experiences. By dehumanizing its victims, perpetrators then also treat those they consider less than human with indifference or cruelty, as they do not consider them as human subject or victim.
“Genocide never just happens. There is always a set of circumstances which occur or which are created to build the climate in which genocide can take place. These stages may occur simultaneously or in a different order”. These statements were particularly made during the Holocaust Memorial Day Trust, which is in remembrance of the murdered Jews during the Holocaust and others during the more recent genocides in Cambodia, Rwanda, Bosnia and Darfur. Those perceived as ’different’ are treated with no form of human rights or personal dignity, according to the Holocaust Memorial Trust.
This dehumanizing language and paving the way for further human rights abuses echoes the process of "moral exclusion" and "stages of genocide" frequently seen prior to mass atrocities.
According to the jurisprudence in cases like Prosecutor v. Akayesu before the International Criminal Tribunal for Rwanda, hate speech and dehumanization based on ethnic or racial grounds constitute the crime against humanity of persecution as an inhumane act causing grave suffering and injury when committed as part of a widespread or systematic attack against a civilian population.
In the Prosecutor v. Ruggiu and the Prosecutor v. Nahimana judgments, ICTR Trial Chambers found in both cases that hate-speech through media outlets, in which state-officials not necessarily (directly) called for (persecutive) action blatantly deprived the target ethnic group of fundamental rights and thus, even without proof of causally related violence, could be the basis for charging persecution as a crime against humanity.
Thus, the waves of dehumanizing rhetoric by Israeli leadership conditioning the public to view Palestinians as subhuman, threats or "animals" not only provides evidence of genocidal intent but comprise distinct international crimes in their own right.
The consistency of such inflammatory and aggressive statements at the highest levels of Israeli leadership coupled with the constant brutal military onslaught, widespread displacement, and systematic destruction of life-sustaining services in Gaza provides strong evidence of an intent by Israeli authorities to destroy the Palestinian people under their control in violation of the Genocide Convention.
Destroying Palestinian Identity, Culture and Continuity
Further evidence suggesting Israel is perpetrating genocide against Palestinians includes the widespread and intentional destruction of Palestinian cultural sites, centers of learning and education, religious institutions, and historic areas that serve as foundations for the group's identity, traditions, and continuity as a people.
Confirmed strikes have leveled the Palestinian National Archives building housing some of Gaza's most precious historical records and artifacts. An enormous amount of mosques, schools, and university buildings have been bombed into rubble. Civilian media centers and government buildings have also been hit.
Such intentional targeting of groups' core institutions is compounded by dehumanizing rhetoric from top Israeli officials. Defense Minister Yoav Gallant characterized Palestinians as: “[They are] not like us, they are human animals. (…) We are fighting against this absolute evil culture (...) this new generation growing up needs to be completely re-educated away from these ways."
Such official rhetoric combined with the intentional targeting of foundational institutions that promote Palestinian identity and culture provide strong evidence of a systematic attempt to cause the destruction of these protected groups not just physically but in "their national, ethnical, racial or religious existence" - one of the defining aspects of the legal definition of genocide.
The head of the Shirat Moshe Yeshiva in Occupied Jaffa stated: “Kill everyone in Gaza, even the babies.” Israeli Minister of Heritage Amichai Eliyahu explicitly celebrated the strikes as a way to "wipe out Ramadan" from Gaza and other comments indicate an intent to eliminate Palestinian society, heritage, customs, and future ability to pass their group identity to next generations. The other Knesset Member Almog Cohen stated that during the Ramadan, it is the best time to kill them.
Genocide – present situation
According to the right activist Maung Zarni and genocide scholar the international court of justice is convinced that South Africa met the bar of plausibility of genocide. The court was convinced that the presented evidence proves that Israel is violating its obligations under the convention on the prevention and punishment of committing a genocide.
“The court was convinced by the evidence presented”. And furthermore: “On the face of the evidence presented in a single day, (the court) was convinced that Israel is very likely, very plausibly violating its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.”
Maung Zarni added also: “What we are seeing in Gaza is simply mass extermination without the gas chambers” and,
“You don’t need to destroy a population with gas chambers only. If you are able to carpet bomb … 80% of the living space, the residential area, most schools, hospitals, you are destroying the population.”
Genocide is simply about intent. The key word here is destruction of a population or populations under occupation. The Palestinian people live under Israeli occupation for over 50 years. Gaza is only the latest episode, but Israel has institutionalized the destruction of the population. According to the United Nations they reported that after study on 29th February 2024, already 35% of Gaza’s buildings are now destroyed.
What also defines genocide is that the cluster bombs are more effective when the target is concentrated into a smaller location. Cluster bombs are illegal. According to doctor Mark Perlmutter, a surgeon at the European Hospital in Khan Younis, the IDF bombed civilians when the Palestinian Muslims where gathering for evening prayers. Maung Zarni also repeat the words of the Israeli President Isaac Herzog’s statement:
“No one in Gaza is innocent”
It is clear that Israel committing a collective genocide, according to Maung Zarni pointing out to the US, UK and Germany for providing Israel an amount of money and weapons. Professor of Holocaust history at the Hebrew University in Jerusalem Amos Goldberg also confirmed that Israel is committing genocide in Gaza. He stated: “That the scale of killing and destruction inflicted by Israel on Gaza, constitutes a “deliberate crushing of Palestinian existence in Gaza. “ He stated furthermore: “Israelis mistakenly think that to be viewed as such a genocide needs to look like the Holocaust,” he wrote.
Article 7 CRIMES AGAINST HUMANITY ROME STATUTE
Article 7 of the Rome Statute defines crimes against humanity as any inhumane acts committed as a part of a widespread or systematic attack directed against any civilian population. These acts include murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution, enforced disappearance, apartheid, and other inhumane acts causing great suffering or serious injury. In the following subsections, we will go into the crimes against humanity committed by Israel since the 7th of October.
Murder
After willfully targeting civilians it is clear from the start that civilians constitute at least 90 % of the total deaths. This amounts to the Crime of Humanity of killing 35.000 times over.
(b) Extermination
According to Article 7 (1) (b) in conjunction with 7 (2)(b) extermination is defined to include the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population. Under international law, particularly the Fourth Geneva Convention, occupying powers have a legal obligation to ensure the well-being and safety of the civilian population under their control. This includes allowing and facilitating the passage of humanitarian aid, such as food, medical supplies, and other essential items, to civilians in need, even if protestors try to block the passage of the humanitarian aid. The deliberate obstruction of humanitarian aid to a population in crisis is also considered a war crime under Article 8(2)(b)(xxv) of the Rome Statute of the International Criminal Court, which prohibits "intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival." Article 3 of the Geneva Conventions prohibits violence to life and persons, cruel treatment, and outrages upon personal dignity against persons taking no active part in the hostilities. Furthermore article 16 of the Fourth Geneva Convention requires the protection and respect of the wounded and sick, as well as the protection of functioning medical establishments and services. According to article 23 of the Fourth Geneva Convention, the free passage of medical and hospital supplies intended for civilians is mandated. Furthermore, article 33 of the Fourth Geneva Convention prohibits collective penalties and all measures of intimidation or terrorism against protected persons. According to Article 54 (1) of the Additional Protocol I to the Geneva Conventions, the starvation of civilians as a method of warfare is prohibited.
Recently, the Israeli prime minister Benjamin Netanyahu considers using a floating pier on the Gaza coast being constructed by the United States to push the Palestinians out of their homeland, a report says. Prime minister Netanyahu told in a private meeting of the parliament, known as the Knesset, that the port could facilitate the removal of Palestinians from Gaza, Israel’s Kan News reported.
(Deprivation of) Aid
Currently, numerous vehicles carrying essential aid supplies are at the borders of (Rafah crossing) Gaza, awaiting authorization from Israel to enter. The Israeli army has total control of aid entering into Gaza and has been permitting a restricted number of trucks to pass through the border, directing them to specific locations within Gaza. However, the quantity of aid allowed through is insufficient to adequately meet the basic humanitarian needs of the civilian population. The trucks remain at the border, awaiting permission from the Israeli authorities to cross into Gaza. All aid entering Gaza is subject to approval by the Israeli government, which has designated thousands of items, including solar panels, water tubes, and batteries, as "dual-use" items. This classification has further complicated the process of delivering essential supplies to the civilian population in need.
The Israeli military has been observed engaging in the deliberate and direct use of force against humanitarian aid vehicles attempting to distribute essential supplies to civilians in Gaza. As the trucks come to a halt to unload and distribute the aid, Israeli forces have been documented opening fire on the vehicles and the aid workers. This forces the volunteers on aid trucks to throw aid at civilians whilst driving, to prevent them from being killed by Israeli forces. This alarming situation not only jeopardizes the lives of humanitarian aid workers, but also hinders the efficient and effective distribution of critical supplies to civilians. The actions of the Israeli military have created an atmosphere which is not conducive to adequately delivering aid to the civilian population.
Another video, which is illustrative to the obstruction of aid and killing spree, dated the 14th of January 2024, shows Israeli soldiers opening fire on civilians during aid distribution, killing five civilians." On the 21st of January 2024, Israeli tanks opened fire on civilians while they were waiting for humanitarian aid. On the 24th of January 2024, the Israeli military opened the border to allow some humanitarian aid trucks to enter Gaza, but allowed protesters at the crossing to block these vehicles from actually entering Gaza. The Israeli protesters announced that: “They (aid trucks) are not going to enter today as long as we are here.” Hundreds of Israeli protesters blocked at least 51 humanitarian aid trucks from entering Gaza. Israel controls the Kerem Shalom border crossing between Gaza and Egypt. By preventing the entry of aid trucks into Gaza, where over 1.1 million people are reportedly facing severe food shortages and potential starvation, the Israeli authorities are in breach of their duties as an occupying power. On the 25th of January 2024, the Israeli military opened fire on civilians who were waiting for aid. The video shows civilians fleeing, whilst trying to get some humanitarian aid in North Gaza.
According to the director of UNRWA Thomas White: "Once the aid trucks enter the North of Gaza the invading Israeli tanks prevent the delivery of that aid and if they allowed a number of trucks then forces open fire on civilians.”
In the next video an injured Palestinian described the Israeli assault on crowd that were killed when they were waiting for humanitarian aid in Gaza. He stated: ‘’They told us that the flour would arrive at 4 o’clock, we waited. Suddenly, a tank appeared in front of us. We retreated back to the port, while we were there, planes fired at us they hit us so often that we didn’t know where to go. Some of us jumped in the sea, some ran into buildings and some lay on the ground. There were many casualties and injuries. We couldn’t get anything. I kept losing blood from there until I came here. I couldn’t find any ambulance or get any help until I arrived here. There was no hospital.’’ After spending hours waiting for humanitarian aid, Israel committed a horrifying massacre in Al Rasheed street, West Gaza. Dozens of Palestinians were transported on the aid trucks to the hospitals. Israeli armored vehicles also ran over the bodies of several killed civilians. While others fired incendiary shells towards civilians in the area. According to the Ministry of Health in Gaza, at least 104 Palestinians have been killed and more than 760 others have been wounded by Israeli occupation forces. A video shows the moment Israeli forces fired at Palestinian civilians in Gaza who were gathering around food aid trucks on Al-Rashid Street, trying to collect flour to feed their families as famine ravages the besieged strip.
Over 20 Palestinians were killed by the occupation forces whilst trying to ensure the entry of humanitarian aid to the north of Gaza yesterday. The video shows the dead bodies of the victims. The government media office in Gaza said that over 100 aid workers and seekers were killed by Israeli forces over the span of one week. The office accused Israel of perpetuating "the policy of starvation and deepen famine on a broader scale" by targeting aid workers and seekers, and condemned Israel and "some Western countries" aligned with it for this "genocidal war." CNN also confirmed that Israel fired at an UNRWA aid convoy.
Palestinian Ambassador Riyad Mansour called on the security council and stated: ‘’According the information that we have about the killed civilians at the aid delivery, dozens of them have bullets in their heads. If there was chaos and confusion there had to be firing in the sky. It was intentionally targeting and killing and this massacre is a testimony that it is costing innocent Palestinians lives.
On the 28th of January 2024, Nic Robertson from CNN reported the following: “This is Kerem Shalom Crossing. The aid trucks are down here. The army is controlling the crossing. But the reason the trucks can’t get through is that Israeli protesters don’t want the food to go to Gaza, because it falls into the hands of Hamas. They say hold back the humanitarian aid. So that the hostages get released. There are perhaps a couple of hundred people here. Today, the border was closed. The last few days, they’ve had protest. The border was closed as well. The number one interim ruling from the International Court of Justice for Israel to follow: Keep the humanitarian aid flowing. Right now. It’s getting blocked here.”
Another video on the 28th of January 2024, shows how Israeli forces open fire on civilians who were receiving humanitarian aid in the north of the Gaza Strip, in the Al Zeitoun neighborhood. The sound of gunfire can clearly be heard on the video.
Furthermore, an Israeli soldier in Gaza told the Israeli Minister of Defense Yoav Gallant during his visit to a reservist military base "No aid, no nothing. We are now going to block the aid trucks.” Two days later, a video shows how Israeli soldiers invade a Palestinian store in Gaza and deliberately damage essential food items, specifically targeting the very scarce flour. The actions captured in the video raise serious concerns about the conduct of the Israeli military and their treatment of Palestinian civilians and their property. The deliberate destruction of food supplies, particularly essential items like flour, has severe consequences for the people, who are already struggling with food shortages and rely on these products to survive.
“Aid conveys have come under fire and are systematically denied access to people in need.” Jens Larke, a spokesperson for the United Nations humanitarian office, said in the conference that Israel has been systematically blocking the passage of sufficient aid into the Gaza Strip.
He said: “North of Gaza is extremely difficult to reach, convoys that have been planned over the past one month, two months, have all but been denied, very few have been able to proceed because we have not received the assurances or the accept of our notifications of the Israeli authorities.”
Jan Egeland, Secretary General of the Norwegian Refugee Council, confirms that very little humanitarian aid has entered besieged Gaza since the 7th of October, and ‘’ tens of thousands’’ of aid trucks have been denied access by Israel. “Tens of thousands of trucks have been denied, there are long lines in Kerem Shalom, even longer lines in Rafah. Israel had to underwrite every single kilo going in, and they are preventing aid to starving children. Israel, UK, US have not allowed the aid flow into these people, a single day since 7 October on the standard that was needed.”
The Belgian and Egypt air forces dropped aid over Gaza on the 13th of March 2024. Shortly afterwards, the area’s where aid was dropped were immediately bombed by the Israeli army.
According to the UN and CNN, Israeli officials frequently reject certain items from entering Gaza and they continue to do so as Tel Aviv drops bombs on the besieged enclave’s 2.3 million Palestinians, who are facing increasing hunger and disease. The items Israel arbitrarily denied entry into Gaza are anesthetics, cancer medication, insulin pens, crutches, oxygen cylinders, ventilators, water filtration systems, hygiene kits, maternity kits, solar lights, sleeping bags, agricultural fertilizer, binoculars and dates.
The head of the UN Palestinian refugee agency (UNRWA) has been denied entry to Gaza by Israeli authorities. Philippe Lazzarini was speaking alongside Egyptian foreign minister Sameh Shoukry at a Cairo news conference where he said that he had intended to go to the southern city of Rafah on Monday “but I have been informed an hour ago that my entry into Rafah is declined”.
“You were declined by the Israeli government, refused the entry which is an unprecedented move for (a) representative at this high position,” added Shoukry.
Such actions constitute violations of international humanitarian law, which prohibits the destruction of objects indispensable to the survival of the civilian population. Article 54(2) of the Additional Protocol I to the Geneva Conventions states that "it is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works."
The Israeli Parliamentarian, Revital Gotliv, stated that hunger and thirst help recruit collaborators, because without hunger they will be not able to gather intelligence.
The Israeli regime intentionally uses starvation of civilians as a method of warfare, which leads to the reduction of the population in Gaza. This amounts to a breach of article 54 of the Additional Protocol I to the Geneva Conventions . On the 24th of May 2018, the UN Security Council passed the Resolution on the protection of civilians in armed conflict.
Jan Egeland, Secretary General of the Norwegian Refugee Council, confirms that very little humanitarian aid has entered besieged Gaza since the 7th of October, and ‘’ tens of thousands” of aid trucks have been denied access by Israel. ‘’ Tens of thousands of trucks have been denied, there are long lines in Kerem Shalom, even longer lines in Rafah. Israel had to underwrite every single kilo going in, and they are preventing aid to starving children. Israel, UK, US have not allowed the aid flow into these people, a single day since 7 October on the standard that was needed.’’
In the following video, an injured Palestinian described the Israeli assault on a crowd that were killed while they were waiting for humanitarian aid in Gaza. ‘’They told us that the flour would arrive at 4 o’clock, we waited. Suddenly, a tank appeared in front of us. We retreated back to the port, while we were there, planes fired at us they struck so much that we didn’t know where to go. Some of us jumped in the sea, some ran into buildings and some lay on the ground. There were many casualties and injuries. We couldn’t get anything. I kept losing blood from there until I came here. I couldn’t find any ambulance or get any help until I arrived here. There was no hospital.’’
On the 13th of March 2024, a video shows how the Belgian and Egypt air force dropped aid over Gaza. Shortly afterwards, these areas were immediately bombed by the Israeli army.
According to James Elder, UNICEF Spokesperson he stated that Israel blocks the entry of thousands of aid trucks into Gaza. He reports: “Heading back to Gaza now. Outrageous, How many life saving supplies are so desperately close to those who need them. Food, water, medicines, life saving supplies, because we know just across the border, children have died of malnutrition. Children have died of dehydration. These are the supplies that so urgently need to get across in Gaza.”
Israeli forces ordered Palestinians who were waiting for aid in northern Gaza to disperse, then opened fire on them as they were leaving. At an aid distribution point in Gaza city, many witnesses stated that the Israel army opened fire on the crowd. Gaza’s health Ministry announced that dozen op people were killed when they were waiting to collect humanitarian aid. In the attached video an eye witness described that: “We had come here to get our hands on some aid. I have been waiting since yesterday noon. At 04.30 in the early morning trucks started to trickle in. The Israeli army just opened random fire on us, as if it was a trap. Once we approached the aid trucks, the Israeli tanks and warplanes started firing on us.”
Another witness described: “We were going get flour, then the Israeli snipers shot at us. They shot me in my leg and I am unable to stand up.” American veteran Josephine Guilbeau, former intelligence officer tells TRT World (interview) that the Israeli army deliberately targets Palestinian civilians despite having the technology to see who is in the buildings they choose to attack.
An released video on the 21st of March 2024 shows the killing for over 20 Palestinians while they were trying to ensure the entry of humanitarian aid to the North of Gaza. Scenes published by Al Jazeera from northern Gaza, showing occupation soldiers deliberately killing a Palestinian civilian while trying to get humanitarian aid. The youth was left to bleed to death. In an independent investigation, CNN concluded that the Israeli army fired machine guns, against starved Palestinians in the flour massacre. Al Jazeera obtained footage showing the occupation forces targeting men in North Gaza as they attempted to collect airdropped food aid near the border fence. The men, seeking relief from hunger, were fired upon without even approaching military vehicles or soldiers. The footage captures their efforts to retrieve aid and their retreat under fire. One man, hit by bullets, tries to escape but ultimately falls and dies, with dogs circling his body. A picture dated the 27th of April 2024 shows the spoilt aid on the ground committed by the Israeli. A video shows the burning food donations from the air caused by the Israeli airstrike in Rafah-City. According the United Nations Agency, Philippe Lazzarini UNRWA commissioner-general stated that two children died due the heat in Gaza because of lack of water.
Cutting electricity in Gaza
Cutting off communication in Gaza, thereby isolating civilians, is a form of collective punishment, which is prohibited under international humanitarian law. A video of the Hospital Khan Younes on the 21st of October 2023, shows doctors operating with flashlights. Two patients died because of a lack of oxygen. On the 27th of October 2023 the Israeli regime again cut electricity in Gaza, so there was no communication in the area for the civilians. Then they started bombing Gaza extensively. The Telecom Paltel In Gaza repaired the electricity in Gaza. After a while they declared that Israel broke the electricity in Gaza.
Some videos show the live bombing in Gaza after the entire of Gaza was cut off from electricity. In one of the video’s the bombing and the screaming of civilians can be heard. Gaza was intensively bombed that night. A video shows a live reporter from Al-Jazeera who is saying: “We are isolated in Gaza, if you hear this message send it to the world.” They don’t have any electricity or communication with the rest of Gaza.
The attached video of the 27th of October 2023 shows civilians who look devastated about the carnage that the Israeli attack left behind. After cutting off the civilians from electricity, they advised the citizens of Gaza (civilians) to flee to the South. But civilians were not able to follow this command, because they were cut off from all electricity. In the next video civilians are screaming while being bombed.
After the attack and cutting off electricity and not having fuel in the hospitals, at Al-Shifa Hospital, a doctor in al-Shifa hospital declared the death of 39 premature babies in incubators. Without electricity the incubators could not function anymore. In another video of the 29th of November 2023, it is reported about the babies that : “Their parents were forced to say goodbye to their newborns and leave them to die in their beds.”
Numerous premature infants have reportedly been found dead in their beds in Gaza’s Al Nasr Children’s Hospital, weeks after their families and the hospital staff were forcibly evacuated by Israeli soldiers. Even in the Shuhada Al Aqsa Hospital, the lives of babies in incubators were put at risk because Israel cut off the electricity in Gaza on the 13th of January 2024.
Deliberately cutting off electricity in civilian areas, especially affecting critical infrastructure like hospitals, is a violation of the principle of distinction. This principle requires parties to a conflict to distinguish between civilians and combatants and to direct attacks only against military objectives. Cutting off electricity indiscriminately directly and severely affects civilians. It has led to loss of life, as demonstrated by the deaths of patients due to lack of oxygen. Article 7(1)(k) of the Rome Statute includes "other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health" as crimes against humanity.
This also leads to the violation of the obligation to respect and protect medical personnel, facilities, and transports. Parties to a conflict must allow and facilitate rapid and unimpeded passage of humanitarian relief, including medical supplies to civilians in need. Article 16 of the Fourth Geneva Convention requires the protection and respect of the wounded and sick, as well as the functioning of medical establishments and services.
(C) enslavement
Enslavement according to article 7 (1) (c) in conjunction with 7 (2)(c) of the Rome Statute is defined as the exercise of any or all of the powers attached to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular in women and children.” Article 8(2)(b)(xxi) of the Rome Statute classifies "committing outrages upon personal dignity, in particular humiliating and degrading treatment" as a war crime in international armed conflicts. According to the Geneva Convention the committed crime against civilians lead to the breach of a violation, because of the outrages upon personal dignity, in particular humiliating and degrading treatment. Article 3 of the four Geneva Conventions prohibits "outrages upon personal dignity, in particular humiliating and degrading treatment" against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause. Article 27 of the Fourth Geneva Convention requires that protected persons must be treated humanely at all times and protected against all acts of violence or threats thereof, as well as against insults and public curiosity.
The Israeli soldiers released several videos, in which they show detained civilians following commands that factually amount to treatment comparable to slavery. Civilians have been abused and humiliated. The Israeli occupation forces struck a kidnapped Palestinian in the face several times. The Palestinian, blindfolded, was forced to sing “everything is good” in Hebrew. Other civilians have been mocked while being detained or were forced to listen to a children’s song on repeat. This went viral on social media.
A woman stated the following: “The Israeli army broke into the Malaysian School. They took them and tripped them. They tortured them. They took her daughter of 14 years old, stripped her all of her clothes and they took 100 million and her gold from her. This gold belonged to the sister of the women. They took the phones from them. Then they stripped the young boys and stripped them al naked. They threw them at the ground and shot right next to their head. They burned also their underwear. Then they said: “get out, you animals”, let them walk out of the school without any clothes on. They were forbidden to go to Nuseirat, but command to go the South. They also refuse to give them their stolen money back. “No money, forget about it, they said.” “Go walking you animals.”
On the 31st of January 2024 a video shows how an Israeli soldier forces a bus full of civilians who are detained to sing that they are slaves. The civilians are blinded and repeating the words of the Israeli soldier at his behest. The Palestinian prisoners were saying: “The Azoulai family is very, very, very respectable and important, and we want to be slaves of the Azoulai family forever and ever. We want to work for them in sewerage and do their gardening and work very well.”
(d) Deportation or forcible transfer of population
Transfer is defined as the direct or indirect transfer by the Power of parts of its own civilian population into the territory, or the deportation or the deportation or transfer of all or parts of the population of the territory within or outside this territory. According to the Rome Statute, deportation or forcible transfer of population is forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law.
The Israeli Army forced civilians to flee from the north to the south of Gaza. The Israeli army guaranteed the fleeing civilians safety, by telling them that it was a so-called safe zone. However, nothing could be further from the truth. Civilians were attacked and shot during their departure to the zone categorized as a safe-zone. In addition, the refugee camps, which were categorized as safe areas, were also bombed without a prior notice. Deportations and transfers during an international armed conflict are seen as unlawful deportation and a grave breach of Article 146 of the Fourth Geneva Convention, and article 8(2)(b)(viii) of the Rome Statute. It is also prohibited under Article 17(1) of the Additional Protocol II to the Geneva Conventions, 1977. Part II of the Fourth Geneva Convention presently controls deportations of civilians and absolutely forbids ‘individual or mass forcible transfers, as well as deportations from occupied territory.’ Within the Israeli military Regime, a plan was proposed on 13 October 2023 for the forced expulsion of Palestinians to the Sinai Desert in Egypt. This plan had been confirmed by Israeli Prime Minister Benjamin Netanyahu. Furthermore, for the purpose of paragraph 1, the Israeli military directly attacked civilians in Gaza (2 (a) and also violated international law by forcible transferring and deporting civilians from one place to another under the false guarantee that the destinations were ‘safe-zones’.
Israel declared that they had to evacuate civilians for their safety. However, the forcible transfer of the population Rafah into Egypt, preventing civilians from returning to their homes, constitutes a violation of the Rome Statute, and amounts to deportation rather than evacuation.
When the civilians arrived at this so called “safe-zone”, it quickly became clear that these zones are not safe, as they were and continuously are bombed and attacked by the Israeli forces without any legal purpose or justification. The examples and evidence below illustrate that many civilians were forced to leave their homes to seek shelter in a “safe place” as instructed by the Israeli Army. However, while civilians were travelling to these supposed safe places, they were bombed without cause, subjected to airstrikes, and shot at despite being unarmed, they were not used as human shield by Hamas and without posing any threat.
The Israeli military ordered 1.1 million civilians to evacuate to the southern part of the Gaza Strip, which was designated as a safe zone. The civilians began to flee to the South in accordance with the command of the Israeli regime. Shortly after the evacuation commenced, several videos surfaced on social media, posted by journalists/locals, showing numerous civilians being attacked on the streets by the Israeli forces. The Palestinian Ministry of Health reported that in this single strike, more than 40 individuals were killed and 150 injured.
On the 14th of October 2023, civilians began to evacuate again to the South. On the same day, Israeli forces attacked a convoy of civilians who were fleeing from the north of the Gaza Strip to the south, following instructions given by the Israeli military to take that specific route. In this attack, more than 50 civilians were killed and 150 civilians were injured. Another attack took place on the same day on Salah ad Din street in Gaza City. The convoy which was attacked had set off, following a warning issued by the Israeli army for people in the blockaded territory to evacuate from north to south within a 24-hour-window. According to the Palestinian Health Ministry in Gaza, at least 70 civilians were killed and over 200 civilians were injured. On the 31st of October 2023, Israeli forces attacked a residence in Al-Nuseirat, located behind Al-Dawah College, in which displaced civilians were residing. On the 2nd of November 2023, evidence emerged of an official document, in which the displacement of Palestinians from Gaza to the Sinai-dessert in Egypt was proposed. On the 3rd of November 2023, a video was posted online which showed a car being attacked on Al-Rashid Street next to the Wadi-Gaza Bridge. The car was heading towards southern Gaza as per instructions of the Israeli military. Some civilians, who were evacuating from the north of Gaza to the south, witnessed the bodies of dead civilians in the street near Al-Rashid Street.
On the 5th of November 2023, a journalist reported the following: “This paper has dropped and the instructions in the paper shows that almost one million and 300 people have to evacuate from the north to south. Israel is making the safe areas smaller and smaller. They are trying to push them to the dessert at Rafah.”
The link to the 5th of November 2023 video - included in the footnote - shows the IDF sending Palestinian workers back to Gaza who had been detained since the start of the war. The workers were licensed to work in the occupied West Bank. Despite this, they had been detained and abused by Israeli authorities.
On the 8th of November 2023 the Israeli army released a video showing a group of forcibly displaced Palestinians in Gaza. The video was described by Palestinian authorities as an Israeli ‘psychological operation’. Another video dated the 10th of November 2023, shows thousands of Palestinians fleeing from Gaza. Attacks against civilians continued near the Al-Shifa area. In a video from the 10th of November 2023 many injured and killed Palestinians can be seen lying in the street. On the 11th of November 2023, civilians from Gaza were seen evacuating the city towards the South of Gaza strip.
In another area on the same day, a video shows a mother pulling the strings attached to car seats, in which she put her young children. She did this for 5 hours on damaged roads for about 14 kilometers from Gaza city to relative safety.
On the 11th of November 2023, civilians in Khan Younes were forced to flee for the fifth time. Despite the Israeli government’s claim that it is a safe-zone, this area was bombed several times in January 2024. This confirms that the Israeli regime deliberately sent citizens to unsafe zones on multiple occasions, making it appear as though they were providing safe havens. However, upon arrival at those supposed safe locations, displaced civilians were attacked or bombed without any legitimate reason or warning, resulting in numerous civilian casualties and injuries.
On the 13th of November 2023, Journalist Wizard Bisan reported that she was one of the last people to leave Gaza: “Hey everyone. This is Bisan. I am still alive. It is the 10th of November, 10:42 am. I've been walking for an hour, two hours and I'm carrying everything that I can to the south. I'm walking. Thousands are walking. Whoever can carry anything, will carry it. If you drop anything, you will leave it and just go. I've seen dead bodies. I've seen a leg and foot of people who were killed in the past week to two weeks. I've seen human pieces on the ground. I can't go back to my home until the end of this war. I don't have any place to go. I am going to the unknown. I'm trying to find anywhere to go. Nowhere, nowhere to go. We are the last people that evacuated the north of Gaza. They told you that there are two safe roads - its only one and you have to walk for three to four hours. About 350,000 to 400,000 people are still in the north. They evacuated the schools and the hospitals. I've been displaced for two days. The road around me is straight. Many places are bombed. I am trying to count my family members because many people during this safe road lost their family members or their children. The road around us is bombed. By the way, they told you that there are ceasefire hours everyday. This is wrong. Even the road around us is being bombed during our walking. Just this.”
On the 15th of November 2023, a video was published which showed the Israeli military air dropping leaflets. These leaflets stated that the population should relocate to Rafah. Civilians were initially forced to evacuate from the North to the South Valley on the 13th of October 2023. Then, on the 2nd of November 2023, civilians were compelled to flee to Khan Younes and Rafah. The entire Gaza Strip has been evacuated, amounting to 90% of the civilians who are on the run.
On the 18th of November 2023, journalist Wizard Bisan reported the death of 60-70 civilians in Khan Younis, despite the fact that the Israeli authorities had declared that this area was a safe zone for civilians. On the 24th of November 2023, a video was published which showed Israeli forces opening fire on a crowd of people crossing the Rafah border. On the 25th of November 2023, another video was published which showed Israeli snipers shooting at a Palestinian man as he and others were trying to cross the last point between the north and south of Gaza. They also opened fire on anyone attempting to assist the injured individual. The man was eventually evacuated from the area by UN workers.
On the 5th of December 2023, journalist Bisan shared a video online in which she announced that the Israeli army had once again airdropped leaflets, with an urgent request for citizens to leave the area and move to the city of Rafah. She stated: “Extreme South by Sinai. Where are we going to now? Is Rafah 2.25 million people? There is no food, water and electricity.”
On the 18th of December 2023 the Israeli regime moved the so-called “safe zone” again. “First Khan Younis was supposedly safe, but after continuous bombing, Palestinians are now being forced into the barren sands of al-Mawasi. Bisan explained, “We’re talking about the area of a small park or maybe an airport.”
A video which was published on the 24th of December 2023, showed the IDF bombing areas where it had previously ordered Gaza’s Civilians to relocate to. The video shows an area in Gaza where, for weeks, civilians fled to find safety. A reporter mentioned that there were 2.000 dumb bombs used, one of the most destructive munitions in Western military arsenals.
After a short period of cease-fire, civilians were denied access to return back to their homes. An AP-reporter stated that he saw dead bodies and wounded civilians when they arrived at the hospital in the city Deir al Balah. In another video, two executions of civilians and eleven (11) injured civilians can be seen. These victims were attempting to reach their homes in northern Gaza. They were not permitted to go back to their homes. A video from the 24th of November 2023 shows the Israeli military using tear gas on the families of hostages. A video from the 28th of December 2023 shows Israeli drones targeting the tents of displaced families in Rafah, which were supposedly a “safe zone”. These actions constitute a violation of international humanitarian law, the Rome Statute, and the Genocide Convention.
On the 10th of January 2024, the UN Human Rights Office reported: ”the Israeli Defense Forces urged residents of most populated areas of Middle Gaza, such as Al Bureij and Al Nuseirat, to evacuate to known shelters in Deir Al Balah. However, Israeli strikes and ground battles in those areas were ongoing, while strikes on Deir Al Balah itself intensified. The UN Human Rights Office has received reports that during the last ten days, four individual strikes in Deir Al Balah killed more than 40 Palestinians. It is clear – as the UN has repeatedly stressed – that there is no safe place in Gaza.”
On the 23rd of January 2024, civilians were attacked on their way to the safe-zone by the Israeli army. Another video shows an Israeli tank chasing and firing upon displaced Palestinians in Gaza. Another video shows an Israeli navy warship patrolling the shore of Rafah and opening fire on displaced civilians on the beach.
In a Gender Alert report, released in January 2024, a woman describes her situation while evacuating: “On my way to the south with my family members and hundreds of other people, I was ordered to throw away all packages that I was always an A+ student in my school… What else is there to do in Gaza for a girl?! Now, I am just sitting around … I screamed and begged, and the soldier threatened to start shooting at us if I didn’t comply. Now everything is lost, and the future is so uncertain. Most of all: will I ever go back home?”
During this period, Israel requested Congo and other countries to accept a number of Palestinians as refugees. On the 13th of October 2023, a plan was proposed for the forced expulsion of Palestinians to the Sinai-desert in Egypt, so the civilians of Gaza could not return. The existence of this plan was confirmed by Prime Minister Netanyahu and his government. Recently, the Israeli regime even suggested the building of an artificial Island for the Palestinians. The war with Hamas is being used as a pretext to displace and collectively punish Palestinian civilians.
Another video shows Israeli forces calling Palestinians on the phone and commanding them to move from the North to the South of Gaza. Rawda Abu Asr commented on this from Gaza, where she stated that her family had been displaced 14 times in order to escape the Israeli onslaught.
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law
Pursuant to Article 7 (1) (2) of the Rome Statute, imprisonment or other severe deprivation of physical liberty is a violation of fundamental rules of international law. Multiple videos have emerged that appear to show Israeli soldiers detaining Palestinian civilians and subjecting them to inhuman treatment. In addition to constituting war crimes, the detention practices of Israeli forces constitute the crime against humanity of imprisonment, torture, and persecution as defined in Article 7 of the Rome Statute. The IDF has forcibly transferred Palestinians from their homes to locations in Israel using physical force, the threat of force or coercion caused by fear of violence, duress, psychological oppression, or abuse of power, or by taking advantage of a coercive environment. Also, Article 7(1)(e) is applicable since the acts of Israel amount to imprisonment or severe deprivation of physical liberty and in such a way that is a violation of the fundamental rules of international law. Unlawful detention and abduction can be prosecuted under Articles 7(1)(e) as a crime against humanity before the ICC. These acts constitute crimes against humanity under the Rome Statute. Article 7(1)(e) defines imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law as a crime against humanity.
According to ICC jurisprudence from cases like Prosecutor v. Krnojelac and Prosecutor v. Kvocka et al., imprisonment qualifies as a crime against humanity if:
The perpetrator imprisoned one or more persons or deprived them of their liberty.
The conduct was carried out as part of a widespread or systematic attack directed against a civilian population.
The perpetrator was aware their conduct was part of such an attack.
As Palestinian civilians are being administratively detained each year as part of a systematic policy by the Israeli military authorities, the crime of imprisonment is applicable. The scale on which this I happening since the 7th of October is unprecedented. By targeting and detaining Palestinian civilians on a systematic basis based on their ethnicity and based on their opposition to Israeli occupation policies, this form of detention qualifies as the crime of persecution alongside the crimes of imprisonment and torture.
In the case of unlawful imprisonment in and outside of Gaza, confinement and deportation and the deprivation of fair a trial, Article 8(2)(a) is applicable. The presence of a military occupation is sufficient to meet the requirement of a nexus to an armed conflict for an act to constitute a war crime, which is a serious violation of international humanitarian law. The relevant acts derived from Article 8(2)(a) concerning prisoners, are willfully depriving a prisoner of war or other protected person of the rights of a fair and regular trial, unlawful deportation or transfer or unlawful confinement, torture or inhumane treatment, and willfully causing great suffering or serious injury to body or health.
Specifically: Article 8(2)(a)(vii) defines "unlawful confinement" of civilians as a war crime applicable in international armed conflicts. Both the administrative detention policy allowing indefinite detention based on secret evidence and violent arrests would qualify as such under this provision. Article 8(2)(a)(vii) also covers "Unlawful Deportation/Transfer/Confinement of Protected Persons." The mass arrests and detentions targeting civilians in protected areas like hospitals and refugee camps constitute this crime. Furthermore, Article 8(2)(a)(vii) addresses "The deprivation of Fair Trial Rights." By detaining civilians indefinitely without charge or trial based merely on intelligence, the right to a fair trial is being denied, constituting a war crime under this provision.
Detention, deportation and unlawful imprisonment
The decades-long Israeli-Palestinian conflict has been marked by widespread allegations of human rights abuses and violations of international law on both sides. However, one particularly egregious and well-documented issue has been the unlawful arrest, detention, and mistreatment of Palestinian civilians, including children, by Israeli military forces in the occupied Palestinian territories of the West Bank and Gaza Strip. Many international human rights monitors and NGO’s have reported on Israeli policies allowing administrative detention without charge or trial, violent arrests of minors, mass detentions from protected civilian areas like refugee camps and hospitals and cruel treatment like torture of detainees. This unlawful detention of Palestinian civilians has reached a dramatic record since the 7th of October 2023 and continues to be utilized as a war-strategy, leading to war crimes and crimes against humanity under the Geneva Conventions and the Rome Statute.
The acts committed by Israel are sufficient to show a violation of Article 7 Rome Statute, in particular Article 7(1)(d) the crime against humanity of deportation or forcible transfer of one or more persons.
For an act to be deemed a crime against humanity, several contextual elements are required. The act must be part of a widespread or systematic attack directed against any civilian population; the perpetrator must be aware of the factual circumstances that established the character (the nature and gravity) of the act; and the perpetrator must know that the conduct was part of or intended to be part of a widespread or systematic attack against a civilian population. Contextually, crimes against humanity occur as part of a widespread or systematic attack against any civilian population. Multiple attacks are sufficient to meet this context and it does not necessarily have to consist of armed force. There is no requirement for a nexus with armed conflict or for discrimination to be present. It is sufficient for the perpetrator to have awareness of the context and there is no heightened requirement for the intention in relation to the prohibited act. The acts encompassed in the meaning of ‘crimes against humanity’ in the discourse of the Palestinian situation since the 7th of October, are the deportation or forcible transfer of the population; imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, torture, enforced disappearance of persons, and other inhumane acts of a similar character intentionally causing great suffering. In the context of the long lasting conflict, which did not start on the 7th of October, the latest war on Gaza is but an example of many crimes against humanity, but discrimination and apartheid deserve a special mention, because of the sheer number of these crimes.
An example of these crimes is the story of Amena. They stripped her naked and took her with other detainees.. They detained her for in total 11 days and then separated her from her children. She has been tortured by the Israeli soldiers.
Mass Arrests from Protected Civilian Areas
Israeli forces have carried out mass arrests and detention of Palestinian civilians from protected areas like refugee camps, hospitals, and other civilian objects during periods of conflict and military operations in Gaza and the West Bank. Such indiscriminate mass arrests and detentions from civilian areas are violations of IHL.
For example, on the 15th of February 2024, the Israeli forces conducted brutal and prolonged arrests of civilians, including medical staff and patients undergoing critical medical treatment "Israeli forces carried out absolutely shocking raids, repeatedly striking hospitals and health professionals in Gaza." Dr. Hossam Abu-Safia, head of pediatrics at Kamal Adwan Hospital, told CNN in an interview that the area of the hospital was bombed on Tuesday followed by the arrival of Israeli troops, describing the situation as “very dangerous:”
More than 70 medical staff were “arrested and taken to an unknown area,” according to Abu-Safia, including hospital director, Dr. Ahmed Al-Kahlot. His claim was echoed in a statement by Gaza’s Hamas-controlled Health Ministry.”
The mass arrests did not start on the 7th of October 2023. In 2022, Amnesty International reported: “Israeli authorities increased their use of administrative detention, prompting a mass boycott of Israeli military courts by hundreds of detainees including Salah Hammouri, who went on hunger strike together with 29 others in protest at their detention without charge or trial. By 31 December, 866 individuals, all but two of them Palestinians, were administratively detained, the highest number in 14 years.”
On 15 April, Israeli police arrested more than 400 Palestinians, including children, journalists and worshippers, during a raid on the al-Aqsa mosque compound in the Old City of Jerusalem. According to the Palestinian Red Crescent, at least 152 Palestinians were injured by rubber bullets, live ammunition and stun grenades, and were beaten. Most were released after several hours.”
Forcible mass arrests and detentions specifically targeting civilians in protected areas like hospitals, refugee camps, schools and universities is considered a violation of IHL and the Geneva Conventions' protections for civilians during armed conflict. Such policies and practices by Israeli forces likely qualify as the war crimes of "unlawful deportation or transfer or unlawful confinement of protected persons" prohibited under Article 8(2)(a)(vii) of the Rome Statute.
Administrative Detention Without Charge or Trial
Another problematic and legally dubious detention practice frequently employed by Israeli military authorities governing the Palestinian territories is the policy of administrative detention. This measure allows Israel to detain any Palestinian indefinitely, for months or even years, without any formal charges ever being filed, based merely on undisclosed evidence that the individual poses a present or future security threat.
Under Israeli administrative detention regulations, Israeli military commanders have authority to issue detention orders for up to six month periods against any Palestinian based on secret evidence related to alleged security risks. These detention periods can then be indefinitely renewed, allowing detainees to potentially be held for years in a torturous state of infinite temporary detentions with no end or due process in sight.
The detained prisoners are not given access to lawyers or family members while undergoing interrogations. This is evident because the persons detained experience physical violence following their arrests, and are subjected to stress positions, they face verbal abuse, humiliation and intimidation. This amounts to the textbook definition of torture. Additionally, most of the detainees were handcuffed or restrained, blindfolded, and experienced trauma during their arrest, detention and transfer. Pain and suffering are used for the purposes of obtaining information or a confession, as punishment, intimidation, or coercion, and for reasons based on discrimination.
According to B’tselem at the end of September 2023, the Israel Prison Service (IPS) was holding 4764 Palestinians in detention or in prison on what it defined as ‘security’ grounds, including 176 from the Gaza Strip. Also, 932 Palestinians, 8 of them from the Gaza Strip, were in detention for being in Israel illegally. As of October 2023, the number of Palestinians being held in administrative detention without charge or trial based on secret information reached a 30-year-high.
On the 8th of November 2023, Amnesty International published an article, in which it called on Israel to end ‘inhumane’ measures against Palestinians in the West Bank. It stressed that all Palestinians arbitrarily or unlawfully detained ‘must be released’.
On the 29th of November 2023, Al Jazeera reported that of 300 Palestinian women and children, whom Israel identified for potential release as part of the humanitarian pause between Israel and Hamas, 80 percent were not even formally charged. It stated that many Palestinian prisoners were arrested under a quasi-judicial process known as administrative detention, under which Palestinians are initially jailed for six months, and which period can be extended for an indefinite period without charge or trial. If charged, this would be in military courts, with lengthy sentences in sham military trials where many of the detainees are deprived of defense lawyers.
Amnesty International reported its deep concern for the fate of Palestinians who were detained by Israeli forces. It further outlined that there is photo and video evidence available in which Israeli forces are seen while treating detainees in an inhuman and degrading fashion in Beit Lahia. Also, Israeli authorities have confirmed the deaths in custody of at least six Palestinians, including two journalists, Nidal al-Waheidi and Haitham Abdelwahed, from Gaza in October and November.
Amnesty International’s Crisis Evidence Lab geolocated three photos and one video that were posted to social media on the 7th of December 2023, showing dozens of men being detained by Israeli forces in the streets of Beit Lahia, a city in northern Gaza. Photos show detainees stripped to their underwear, some with likely identification documents laid in front of them. One of these photos shows detainees being transported with their hands bound to another location without being provided clothing.
Al-Haq reports that based on information and testimonies of their teams, Israeli authorities have been conducting mass arrest operations. According to a statement released on the 10th of December 2023 by the Palestinian Commission of Detainees Affairs and the Palestinian Prisoners’ Club, Israeli forces are holding 142 female prisoners, including infants and elderly women, from Gaza. They are being detained in Israeli prisons, particularly in Damon and Hasharon, after being arrested during the ground invasion of Gaza. In addition, their teams received information and testimony about detainees from Gaza, including women, who were subjected to torture and abuse for no reason other than being from Gaza.
Anadolu Ajansi states in its article ‘Israel holds 8.600 Palestinian detainees: Rights group: detainees include 3.291 people held without trial or charge, HaMoked organization stated that at least 8.600 Palestinians are held in Israeli jails, including detainees from the Gaza Strip. Of these detainees, 3.291 are being held without trial or charge and around 661 Palestinians are classified as ‘unlawful combatants’ according to Israel and have been detained since the outbreak of the Gaza conflict on the 7th of October 2023.
The United Nations Human Rights Office of the High Commissioner stated that over these past months, hundreds of Palestinians have reportedly been arbitrarily detained in several unknown locations, both within and outside Gaza. This amount to enforced disappearance. The OHCHR urged Israel to immediately end arbitrary detention, torture, ill-treatment and enforced disappearance of Palestinians in Gaza. Furthermore, these acts must be independently and effectively investigated, and any perpetrators of such acts must be prosecuted and recurrence must be prevented.
The Jerusalem Post reported that since October 7, administrative detention of Palestinians has spiked at 2.070 up from 1.319 in September, according to information from the Israel Prisons Service.
In an Instagram video dated the 25th of November 2023, the release of 39 Palestinians can be seen. The 24 women and 15 boys were held without any charge. One of the released Palestinians is Israa Jaabis, a 38-year-old Palestinian woman. She was arrested in 2015 after her car caught fire near an Israeli checkpoint in Jerusalem. Her car caught fire after it broke down and a short circuit occurred. She was seriously injured: 60% of her body was seriously burned. Israel accused her of attempted murder without any evidence to that effect. In further video footage, the released hostages are reunited with their family. The message under the video states that 119 children and 31 women have been released by Israel since the 25th of November 2023, but that 112 hostages had also been taken from the West Bank.
The UN Working Group on Arbitrary Detention and various UN treaty bodies and special rapporteurs have stated that detaining individuals based merely on their ethnic background, political affiliations, opposition status, or freedom of expression activities is in itself arbitrary and unlawful according to international human rights law. The policy of administrative detention based on undisclosed intelligence thus constitutes a form of arbitrary detention prohibited by international law.
Arrest and Detention of Palestinian Children
Defence for Children stated that an average of 165 Palestinian children were held in Israeli military detention each month in 2023 and that each year Israeli forces detain between 500 and 700 Palestinian children and prosecute them in military courts. Children often gave confessions under duress, after verbal abuse, threats, physical and psychological violence and in some cases torture. Israeli authorities held at least 36 Palestinian children in administrative detention in 2023, according to documentation by DCIP. Palestinian children held under administrative detention orders are not charged with any crime, and their detention is based on secret evidence that is neither disclosed to the child nor to their attorney, preventing them from preparing a legal challenge to the detention and its alleged basis. Israeli forces escalated arrest operations throughout the occupied West Bank after the 7th of October 2023, arresting more than 200 Palestinian children to interrogate, prosecute, and imprison in the Israeli military detention system, according to estimates by DCIP. DCIP estimates that 130 Palestinian child prisoners were released by Israeli forces as part of a truce agreement with Hamas in November, including 17 children in administrative detention. A video dated the 19th of April 2024, shows young children being detained in Nour-Shams refugee camp in Tulkarm City.
DCIP has documented patterns of ill-treatment and torture of child detainees, including in testimony from 107 children detained by Israeli forces in 2021, who reported being subjected to some form of torture or abuse during their detention. Common tactics included beatings, solitary confinement, stress positions, excessive use of handcuffs, and interrogations involving intimidation, deception and threats against the minors' families to coerce confessions. Since the 7th of October 2023, these statistics have changed rapidly.
The International Secretariat of OMCT stated that there were over 300 Palestinian children under the age of 18 in detention since the beginning of the current crisis. These children are held in prisons in Meggido, Telmond and Ramle prisons under potential life-threatening condition where there is widespread use of torture against children during arrest, interrogation and imprisonment, despite the Israeli High Court September 1999 ruling that outlawed the use of torture. This clearly shows that Israel not only does not comply with International Law, but it doesn’t even comply with national law. Children are reportedly routinely beaten and forced to endure various forms of position abuse, such as begin shackled to a chair or forced to squat for long periods of time, and this threatens both their physical and psychological integrity. OMCT further stated that it is gravely concerned about the physical and psychological integrity of Palestinian children in detention and recall that Israel is party to the Convention Against Torture and the Convention on the Rights of the Child. It called on Israel to ensure that Israel needs to take effective legislative, administrative, judicial or other measures to prevent acts of torture and that it needs to ensure that no child is subjected to torture or other cruel, inhumane or degrading treatment.
In an article by TRT World it was stated that every year between 500 and 700 Palestinian children face the life-changing reality of Israeli military detention. Many of these children are detained without formal charges and held indefinitely without trial, in a clear breach of international juvenile justice standards. Palestinian children are experiencing systematic prosecution under military law in military courts. This has increased since the 7th of October 2023. Israeli forces detained 245 children in the West Bank and East Jerusalem, according to the Commission of Detainees’ Affairs, a government agency responsible for the welfare and well-being of Palestinians prisoners in Israeli jails. This is nearly half the number of the amount of children who are typically detained children during an entire year. Organizations are blocked from accessing detention facilities since the 7th of October 2023, while these prisoners are the sole source on which the wider community rely.
Middle East Eye stated that freed Palestinian children from Israeli jails as part of a prisoner exchange deal between Hamas and Israel, said that their fellow prisoners were routinely beaten, humiliated, tortured to death and that was also the case for children.
This conduct at least shows that the arrest and mistreatment of child detainees demonstrably violates the Convention on the Rights of the Child's protections for juvenile offenders (hereafter “CRC, whereby even the use of torture has been normalized. The administrative detention policy allowing people to be held indefinitely without charges based on secret intelligence alone is an archaic form of arbitrary detention universally considered unlawful under modern fair trial and due process standards.
Article 3 of the CRC, emphasizes that the best interests of the child must be the primary consideration of all States actions and that States Parties are required to ensure protection of children and care for their well-being. Article 37 CRC, prohibits ‘torture or other cruel, inhuman or degrading treatment or punishment’ to be inflicted upon children. Children shall not ‘be deprived of their liberty unlawfully or arbitrarily, and arrest, detention or imprisonment of a child shall only be a measure of last resort and for the shortest appropriate period of time.’ ‘Every child deprived of their liberty shall also be treated with humanity and respect for the inherent dignity of the human person, and in a manner that accounts for the child’s age. The child must also have the right to maintain contact with their family via correspondence and visits, save in exceptional circumstances.
According to Article 40 CRC, every child accused of, or recognized as, having infringed the penal law, is to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth. Particularly, the child must be presumed innocent until proven guilty; be informed promptly and directly, through their parents, of charges against them and have legal defense.
The overwhelming evidence collected proves Palestinian children are regularly arrested and detained in blatant violation of international juvenile justice standards, the CRC, and the protections for civilians under the Geneva Conventions. Israel's use of military tribunals and detentions to prosecute minors, instead of civilian juvenile courts, also denies these children basic due process rights in contravention of Article 37 CRC's, which requires detention to be used only as a last resort. These acts constitute crimes within the scope of crimes against humanity and war crimes under Articles 7 and 8 of the Rome Statute.
The widespread nature of these policies and practices amount to grave breaches of the Geneva Conventions which qualify as war crimes under the Geneva Conventions and customary international law and should be considered persecution and as such a crime against humanity.
Article 5 of the Third Geneva Convention of 1949 grants prisoners’ rights from the moment they are imprisoned. According to article 13, prisoners must always be treated humanely and any negligence by the detaining power is a violation of the provisions of the Third Geneva Convention. Prisoners may not be subjected to medical and scientific experiments, in addition to the sanctity of prisoner’s bodies, thus preventing humiliation and the detaining power is not entitled to do anything that does not serve the interests of the prisoner. According to Article 71, the detaining power must allow prisoners to send and receive messages, letters and cards.
The detaining power must allow prisoners to choose a lawyer to defend them. The lawyer defending the prisoner is granted at least two weeks from the start of the trial and has the right to visit and speak freely with the accused without the presence of an observer.
Article 15 determines that the detaining power should provide adequate food and clothing for prisoners and free medical care required by their specific health condition. The detaining state is obliged to apply all necessary health measures to keep the prison environment clean and healthy. The place should also be free from diseases and prisoners of war must have clean sanitation facilities. They must be provided with the necessary tools to clean their bodies and wash their clothes. The detaining power is obliged to take care of the prisoner’s affairs free of charge, including shelter, food, and clothing. Article 29 requires the Detaining Power to provide appropriate conditions for prisoners in the prison areas, taking into account the customs and traditions of prisoners, provided that these places are protected from moisture with adequate light, warmth and take all means to prevent the dangers of fire. Women should be separated from men. Article 26, the right to food, requires daily basic meals to be provided to prisoners that must be sufficient, of good quality, and healthy, to maintain the health of prisoners, providing adequate amounts of drinking water and usable water. When prisoners are involved in preparing their own food, they can be employed in the kitchens provided with designated dining areas. The Detaining Power is not entitled to use food as a means of discipline or punishment. Article 27 entails the right to adequate clothing and requires the Detaining Power to provide prisoners with clothes commensurate with the nature of the climate in the area where the prisoners are held, the obligation to replace the clothes of prisoners of war that are regularly damaged, and the obligation to provide prisoners working inside the prison with special clothing for their work.
According to the report of the UN experts on the 19th of February 2024, Israeli occupation forces on at least one occasion detained Palestinian woman in Gaza whilst they were kept in a cage in the rain and cold without food.
On the 31st of October 2023, the Israeli occupation forces detained a Palestinian boy after raiding his home in Tubas City. A video on the 7th of November 2023, displays the humiliation of Palestinians. A victim says: “They put us in cages like dogs, they beat us and insulted us,” Mahmoud Abu Darabeh told our team upon his return to Gaza. Another video shows the kidnapping of children. The Israeli army shot 11 children on a football field. On the 20th of December 2023, the OHCHR spoke of “disturbing information” and called on the Israeli authorities to launch an investigation.
Several recently released videos show civilians being imprisoned and treated inhumanly by Israeli forces. In a video posted on the 7th of December 2023, detainees are seen sitting on the street with their hands on their heads. Another video, dated the 8th of December 2023, depicts men sitting on the ground held at gunpoint by the Israeli army. Among the detained civilians were journalist Dia Kahlout (who was forced to leave his 7-year-old handicapped daughter behind in a school building in the northern of Gaza), a school director, and a UN employee. In a video released on the 2nd of January 2024, a civilian who was amongst the group detained on the 20th of December 2023, stated: “The Israeli Army took him, his wife and children from his house. He was detained 25 days but since then he has not heard from his wife or children. He still doesn’t know where she and the children are at this moment.”
A video posted on the 3rd of January 2024 show Palestinian civilians being abducted by Israeli forces in Khan Younis. The detainees were barefoot in cold conditions and were blindfolded at a site inside an Israeli settlement. According to UN official Sunghay from the Human Rights Office, “Israel captured and abused Palestinians. The civilians said that they were beaten and blindfolded while being held. During the encounter the men were still in shock. Their legs were shaking.” In another video dated the 21st of February 2024, a civilian who had been recently released from prison, stated he was treated inhumanely, detained without due process or charge and he was subjected to abuse by IDF soldiers, including having dogs urinate on him.
On the 31st of October 2023, videos emerged showing Palestinian civilians, including a child, being arrested by Israeli soldiers. In a separate incident, Dr. Mohammed Ron, a Russian citizen and head of the surgery department at Al-Shifa Hospital in Gaza, was kidnapped by the IDF and held for nearly a month. Another disturbing video, dated the 25th of November 2023, shows the killing of a 10-year-old boy named Mohammad Ibrahim Fahed Bahloul.
On the 29th of November 2023, a video surfaced showing footage of a child, identified as 9-year-old Adam and 5-year-old Basil, who was shot and killed by the IDF in the West Bank. The video’s caption states that there was no ceasefire for the West Bank. In another video dated the 3rd of December 2023, an IDF soldier appears to proudly admit shooting Palestinian children.
Another video, shows the kidnapping of children while they were socializing together. Additionally, an image circulated online depicting the body of a boy being carried on a bulldozer, after he had been shot by Israeli forces. The IDF kidnapped 160 Palestinians including a medical team from Shifa Hospital, which included Dr. Nihad Abed, Dr. Mu'nis Muhaisen, Senior nurse Rohi Labban, Nurse Kamal Kishko (Intensive Unit Team), Dr. Murad Al-Quqa, Nurse Yosef Abo Nada (Orthopedic Team).
In an audio recording dated the 5th of February 2024, a pediatrician reported that Israeli forces detained a civilian and subjected him to torture. Following the killing of an Israeli officer named Harrel Itaach, news emerged that he had abducted a baby from Gaza, whose fate remains unknown. In a separate incident, the Israeli army arrested Rashid Al-Zatza along with his wife and their two children. While Rashid was later released, the whereabouts and well-being of his wife and children are still uncertain.
Another source revealed that Israeli soldiers published pictures showing the arrests of civilians (men and young men) who were almost naked. These civilians were abducted from cities which the Israeli forces had invaded. Another video shows the testimony of a civilian, she stated: “They put the women there and took the men. They stripped them naked. We don’t know what they’ve done to them.” Another photograph shows the arrest of civilians (men and young men) while they were almost naked. They were kidnapped from various cities.
The Guardian found that Israeli snipers systematically targeted children in Gaza. This has been corroborated by the testimonies of doctors who treated patients in Gaza, who reported seeing dozens if not hundreds of children with sniper inflicted bullet wounds. Also, 972 Magazine released another earth-shattering investigation on the basis of interviews with Israeli intelligence sources (the first one was “Mass Assassination Factory” months ago confirming that Israel intentionally targeted civilian infrastructure including with civilians inside, an illegal practice Israel calls bombing “power targets”) confirming that Israeli uses an AI technology with an admitted 10% error rate called “Lavender” to generate kill lists. Another AI technology nauseatingly called “Where’s Daddy” was used to identity when targets generated by “Lavender” were at home with their families for bombing. International law does not allow killing a combatant while he is sleeping at home with his entire family. This is a grave violation of IHL. Here, the situation is much worse because it’s not combatants which were targeted but simply Palestinian men (the only human oversight applied was to verify that the AI-selected targets were men).
The correspondent Mohammed al-Hajjar, from Middle East Eye Gaza, captured the moment at which Israeli warplanes bombed Gaza City. He documented the destruction caused by the attacks and showed Palestinian civilians attempting to assist those injured. According to the Palestinian health ministry, Israel's military forces have killed at least 31,726 Palestinians in Gaza since the 7th of October 2023, including more than 13,000 children and more than 8,000 women. On the 13th of March 2024, an IDF soldier posted a video of himself talking about the situation in Gaza. The video also depicted a dog consuming the remains of a Palestinian who had been killed. The Gaza Government media office officially announced that they received information about the execution of several children by the Israeli forces. Amongst those executed were civilians who were patients and displaced persons in the Al Shifa medical complex.
The National Security Minister Itamar Ben Gvir proposed: “Executing Palestinian Prisoners right solution to overcrowding”.
Liability
The policies and practices of Israeli military forces described above regarding the arrest and detention of Palestinian civilians, including mass detentions from protected areas and the mistreatment of child detainees, constitute war crimes and crimes against humanity as defined by the Geneva Conventions, the Rome Statute, and the jurisprudence of the International Criminal Court. An analysis of the relevant law and legal standards illustrates the grave nature of the violations.
For a conviction for the war crime of unlawful confinement under Article 8(2)(a)(vii), which Israel is guilty of, the ICC precedent from the Lubanga case dictates the Prosecution must prove:
The perpetrator deprived a person or persons of their liberty.
This confinement was unlawful and failed to comply with the basic requirements of a fair trial process.
The perpetrator was aware of the factual circumstances establishing the confinement was unlawful.
The conduct took place in the context of and was associated with an international armed conflict.
The mass arrests indiscriminately targeting civilians from protected areas like hospitals and refugee camps, which were widespread and systematic and conducted with knowledge that they were unlawful, constitute prosecutable crimes against humanity under the ICC's prior jurisprudence. The scale and pattern of abuses unquestionably demands accountability for the perpetrators.
In light of the substantial evidence compiled by respected international human rights monitors, NGOs and UN bodies, Israeli policies and practices regarding the mass arbitrary arrest and detention of Palestinian civilians, particularly children, constitutes grave violations of international humanitarian law like the Geneva Conventions. The violent arrests, documented patterns of torture and cruel treatment, indiscriminate targeting of protected civilians, and indefinite administrative detentions without any due process constitute war crimes and crimes against humanity prohibited under the Rome Statute and falling under the jurisdiction of the International Criminal Court.
(F) Torture
According to the Rome Statute, torture is the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions. In addition to constituting war crimes, the detention practices of Israeli forces constitute the crime of torture.
Officers of Israel have forcibly transferred Palestinians from their homes to locations in Israel using physical force, the threat of force or coercion caused by fear of violence, duress, psychological oppression, or abuse of power, or by taking advantage of a coercive environment. This constitutes crimes against humanity or torture.
Additionally, the ICC has previously determined that severe deprivations of fundamental rights, like arbitrary arrests and illegal detentions on racial, ethnic or other discriminatory grounds can constitute the crime against humanity of persecution. By targeting and detaining Palestinian civilians on a systematic basis based on their ethnicity and opposition to Israeli occupation policies, the detention campaigns qualify as the crime of persecution alongside illegal imprisonment without trial and torture.
Anadolu Agency, reports on the 1st of November 2023, about the inhuman treatment of Palestinians. According to the statement, “The Israeli practices include ‘”direct threats of death and rape, the use of police dogs and the use of citizens as human shields.” Civilians were imprisoned and humiliated by putting them in cages, blindfolding them and insulting them. Another video shows the blindfolded civilians lying in the sand during the night, while being tortured by Israeli soldiers.
A woman testified that an Israeli tank forced them to go to the Nasser hospital and stay there for 25 days. Afterwards they were commanded to evacuate. The IDF bombed a building, killing four and injuring 40 civilians. In another instance is portrayed in a video, in which a woman and a group of civilians are insulted and are called names throughout the night. They were stripped naked and jewelry, money and other items were stolen from them. The woman was bound, blindfolded and was forced to stand barefoot for hours on end. Another video shows a young boy, Hani Abu Rezeq, who testified that he was beaten by IDF soldiers. He was kicked by soldiers with steel toe boots in his face and on his head and back. Another source shows the star of David carved with a knife into a man’s back. This civilian was tortured by IDF soldiers (see picture). A video from the 19th of March 2024, shows how the IDF were torturing civilians on a bus.
Another video dated the 19th of March 2024 shows the torture of detained civilians by Israeli soldiers. A video shows the amputated leg of a person who was detained by the IDF. In the video gave testimony about the conditions in which he was held, which resulted in an infection and the denial of medical treatment for a week, after which his leg was amputated. A doctor at the Israeli Field Hospital for detained Gazans said: “We are all complicit in breaking the law”. The Israeli doctor working in the prison says: “This week, two Palestinian prisoners had their legs amputated as a result of being shackled all the time.” Another video shows the torture consisting of the wounds on the hands and face during the time in detention. Another picture shows a Palestinian who is blindfolded and stripped of his clothes. The picture was taken by a soldier who placed it on his Facebook account.
(g)Rape, sexual slavery, enforced prostitution, or any other form of sexual violence of comparable gravity
Article 7(1)(g) of the Rome Statute of the International Criminal Court defines rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity as a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.
Article 8(2)(b)(xxii) of the Rome Statute classifies rape, sexual slavery, enforced prostitution, forced pregnancy (as defined in Article 7(2)(f)), enforced sterilization, or any other form of sexual violence which also constitute a grave breach of the Geneva Conventions as war crimes in international armed conflicts. Article 76 of Additional Protocol I to the Geneva Conventions (1977) provides special protection for women against rape, forced prostitution, and any other form of indecent assault. It states that women shall be the object of special respect and shall be protected in particular against such acts. Article 77(1) of Additional Protocol I extends similar protection to children, stating that children shall be the object of special respect and shall be protected against any form of indecent assault.
Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 f), enforced sterilization, or any other form of sexual violence also constitutes a grave breach of the Geneva Conventions pursuant to the Rome Statute.
On the 1st of November 2023, Anadolu Agency reported on the inhuman treatment of Palestinians. According to the report, “The Israeli practices include” direct threats of death and rape, the use of police dogs and the use of citizens as human shields.” A female soldier confesses that she was guilty of sexually abusing a Palestinian man. In a released video at 23 February 2024 a mother testifies about the sexual assaults against woman and girls. She testified that the woman and men has been humiliated, and sexual assaulted.
A photograph dated the 24th of March 2024, shows the situation regarding the rape of a pregnant woman in front of her husband and children, after which she was killed.
A report of the UN experts of 19 February 2024, confirmed that this was committed by the IDF. This report reports on cases of rape and sexual assault against detained Palestinian women of the Gaza Strip. “We are particularly distressed by reports that Palestinian women and girls in detention have also been subjected to multiple forms of sexual assault, such as being stripped naked and searched by male Israeli army officers. At least two female Palestinian detainees were reportedly raped while others were reportedly threatened with rape and sexual violence,” the experts said. They also noted that photos of female detainees in degrading circumstances were also reportedly taken by the Israeli army and uploaded online.’’
The UN experts added that “Taken together, these alleged acts may constitute grave violations of international human rights and humanitarian law, and amount to serious crimes under international criminal law that could be prosecuted under the Rome Statute. Those responsible for these apparent crimes must be held accountable and victims and their families are entitled to full redress and justice”
(h)Persecution
The Rome State defined the Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court. In addition to constituting war crimes, the detention practices of Israeli forces constitute the crimes against persecution as defined.
Officers of Israel have forcibly transferred Palestinians from their homes to locations in Israel using physical force, threat of force or coercion caused by fear of violence, duress, psychological oppression, or abuse of power, or by taking advantage of a coercive environment. Further, the frequent occurrence of this situation rises to an act of a crime against humanity of persecution under Article 7(1)(h) as Israel severely deprives Palestinians of their fundamental rights since they have collectively been targeted by reason of their national identity.
Additionally, the ICC has previously determined that severe deprivation of fundamental rights like arbitrary arrests and illegal detentions on racial, ethnic or other discriminatory grounds can also constitute the crime against humanity of persecution.
By targeting and detaining Palestinian civilians on a systematic basis based on their ethnicity and opposition to Israeli occupation policies, the detention campaign qualify as the crime of persecution alongside illegal imprisonment (administrative detention without trial).
(i)Enforced disappearance of persons
According to Article 7(1)(i) of the Rome Statute, enforced disappearance of persons occurs when civilians are arrested, detained, or abducted by a State or a political organization, or with their authorization, support, or acquiescence. This is followed by a refusal to acknowledge the deprivation of freedom or provide information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period.
An original audio recording reveals that an Israeli soldier allegedly kidnapped a baby from Gaza who later died from injuries sustained during the abduction. The baby's current whereabouts are unknown In another testimony, a man recounts that Israeli forces handcuffed him and his wife, taking her away in an Israeli military vehicle while leaving their 6-month-old and 4-year-old children on the street. The man was detained for 25 days, but the fate of his children, who were separated from both parents, remains unclear.
The Palestinian Red Cross (PCRS) announced in an urgent appeal that executive members of the PCRS and the general Manager of Al-Amal Hospital, Dr. Haider Al-Qaddura, along with the hospital's Administrative Director, Maher Atallah, were abducted by the IDF army to an unknown location. The image also shows the total destruction around the Al-Amal hospital caused by the IDF army.
On the 2nd of February 2024, the remains of 30 Palestinians were discovered in a school in Gaza, dumped in plastic bags with their bodies numbered and tagged. According to reports, they appear to have been executed in the field, which would constitute another display of war crimes committed by Israeli forces. Although the deceased have not yet been identified, it is suspected that they may be some of the abducted Palestinians seen in videos from December 2023, when they were stripped and humiliated by Israeli soldiers. According to local sources at Al-Shifa Hospital, Journalist Ismail Al-Ghoul, correspondent for Al Jazeera, was brutally beaten and assaulted by the Israeli occupation army, and then taken to an unknown location.
In reports by UN experts, concern was expressed that an unknown number of Palestinian women and children, including girls, have reportedly gone missing after having had contact with the Israeli army in Gaza. “There are disturbing reports of at least one female infant forcibly transferred by the Israeli army into Israel, and of children being separated from their parents, whose whereabouts remain unknown,”. Those responsible for these apparent crimes must be held accountable and victims and their families are entitled to full redress and justice,” they added.
(j) the crime of apartheid
The issue of apartheid in Israel, Palestinians being subjected to Israel’s discriminatory policies and practices, has been the subject of intense debate and scrutiny within the international community. Different policies and practices in the region amount to apartheid, a term historically associated with the systematic racial segregation and discrimination witnessed in South Africa. To assess this claim, it is essential to analyze Israel's actions through the lens of IHL to determine if there is a violation of human rights principles.
International humanitarian law comprises of a set of rules designed to protect civilians and non-combatants during armed conflicts and occupation. Key legal instruments such as the Geneva Conventions and their Additional Protocols outline the rights of individuals in conflict zones, emphasizing the principle of non-discrimination and the protection of fundamental human rights.
The term "apartheid" is most commonly associated with the system of institutionalized racial segregation and discrimination that was practiced in South Africa from 1948 to the early 1990s. However, the legal definition of apartheid can be found in the International Convention on the Suppression and Punishment of the Crime of Apartheid, adopted by the United Nations General Assembly in 1973.Later on it was also introduced as a Crime against Humanity in article 8 of the Rome Statute.
The key articles of the International Convention on the Suppression and Punishment of the Crime of Apartheid include:
Article I: Defines the crime of apartheid and describes the acts that constitute the offense.
Article II: Lists specific acts that qualify as acts of apartheid when committed as part of a systematic policy.
Article III: Defines the crime of apartheid, which nowadays is used in the context of the Rome Statute of the International Criminal Court, highlighting that it is a crime within the jurisdiction of the International Criminal Court.
Article IV: States that the international community condemns apartheid and considers it a crime against humanity. Article V: Urges states to prevent, prohibit, and punish acts of apartheid and encourages international cooperation to eliminate this crime.
These articles collectively outline the elements and characteristics of apartheid as defined under international law.
The key elements of Apartheid in the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) define apartheid as a crime against humanity involving inhumane acts committed to establish and maintain racial group domination. Apartheid is characterized by various discriminatory practices, including segregation, denial of basic rights, and persecution based on race.
An analysis of Israel’s Policies clearly shows that since Israel occupied East Jerusalem and the rest of the West Bank in 1967, Palestinians have been continuously targeted by Israeli authorities, who use discriminatory laws to systematically dispossess Palestinians of their land and homes for the benefit of Jewish Israelis. Israel imposes a system of oppression and domination against Palestinians across all areas under its control: in Israel and the OPT, and against Palestinian refugees, in order to benefit Jewish Israelis. This amounts to apartheid as prohibited in international law.
The policy of apartheid manifests in the construction of settlements, restrictions on the movement of Palestinians, and differential legal treatment for Jewish and Arab residents. The situation in Gaza, with its economic blockade and restrictions on goods and services, is also often cited as an example of these policies.
One contentious issue is the construction of Israeli settlements in Palestinian Territories. Settlements refer to communities of Israeli civilians living in the West Bank, East Jerusalem, and the Golan Heights, areas that were captured by Israel during the Six-Day War in 1967. The establishment and expansion of these settlements has been a major point of contention in the peace process between the Israelis and the Palestinians. These settlements, built on occupied Palestinian land, contribute to the creation of segregated spaces and violate the principle of non-discrimination.
The international community, including the United Nations, considers Israeli settlements in the occupied territories to be a violation of international law. The Fourth Geneva Convention prohibits the transfer of an occupying power's civilian population into the territory it occupies. Palestinians see the settlements as an obstacle to the establishment of a viable and contiguous Palestinian state. They argue that the settlements undermine the possibility of a two-state solution and the creation of an independent Palestinian state. The presence and expansion of settlements have been a major obstacle to peace negotiations between Israel and the Palestinians. The status of settlements is one of the core issues that must be resolved for a comprehensive peace agreement to be reached.
The United States, traditionally a close ally of Israel, has, at times, expressed concerns about settlement activities. Numerous United Nations Security Council resolutions have been passed condemning the construction of Israeli settlements and calling for their cessation. However, Israel has often rejected these resolutions, arguing that the issue should be addressed through direct negotiations.
The restrictions on the freedom of movement of Palestinians in the West Bank and Gaza are another element of Israel’s system of apartheid. Various measures, such as checkpoints, barriers, and limitations on access to certain areas, have been implemented, particularly in the West Bank and Gaza Strip. These restrictions have significant implications for the daily lives of Palestinians, affecting their ability to travel freely, access essential services, and engage in economic activities. Checkpoints, barriers, and restricted access to certain contribute to a system of segregation, impeding the freedom of movement for Palestinians, also impeding access to education, access to work and a disruptive effect on the agricultural sector.’
Checkpoints and Barriers: The West Bank is characterized by a network of checkpoints and barriers erected by Israeli authorities. These checkpoints control movement between Palestinian towns and cities, creating delays and obstacles for individuals commuting for work, education, or healthcare.
Gaza Strip: While Israel disengaged from Gaza in 2005, the territory is subject to a strict blockade that limits the movement of people and goods. The blockade severely restricts access to and from Gaza, impacting the daily lives of its residents.
Separation Barrier: In the West Bank, Israel constructed a separation barrier, often referred to as the "West Bank Barrier" or "Apartheid Wall," which stretches through parts of the territory. Critics argue that the barrier contributes to the fragmentation of Palestinian communities, isolating them from each other and impeding movement.
Restricted Access Areas: In the West Bank, there are areas designated as "closed military zones" or reserved for Israeli settlements, limiting Palestinian access. These restrictions affect agricultural activities and prevent Palestinians from utilizing certain lands and resources.
Palestinians in the West Bank and Gaza often require permits to enter Jerusalem or Israel. Obtaining these permits can be a cumbersome process, and restrictions may vary based on security considerations. The restrictions on movement have a profound impact on the daily lives of Palestinians. Commuting to work, attending schools and universities, accessing healthcare facilities, and visiting family members in different areas become challenging and time-consuming. The movement restrictions hinder economic activities, limiting the ability of Palestinians to engage in trade and commerce. Farmers face challenges transporting goods to markets, and businesses may struggle to maintain regular operations. This situation is also applicable to the Palestinians in the State of Israel itself, in which they are treated as second class citizens.
The administrative detention, torture and other ill-treatment, disparities in legal treatment between Jewish and Arab residents, particularly in the West Bank, are yet other elements of Israels apartheids regime. Different legal systems are applied, with Palestinians subject to military law and Israeli settlers subject to civilian law, creating a situation where individuals living in the same territory are subject to different legal frameworks. Israeli authorities use administrative detention to imprison thousands of Palestinians, including children, without charge or trial under renewable detention order. Administrative detention is a form of detention under which individuals are detained by state authorities without intent to prosecute them in a criminal trial and is based on secret security grounds that the defendant and their lawyer cannot review. Administrative detention is used to circumvent the legal protection and due process guaranteed for all persons deprived of their liberty under international law.
The blockade on Gaza, implemented in response to security concerns, has resulted in severe restrictions on the movement of goods and people, leading to economic hardship and a significant impact on the civilian population. The Gaza blockade refers to the restrictions imposed on the movement of goods and people to and from the Gaza Strip. The blockade was imposed by Israel in 2007 after Hamas took control of the Gaza Strip following a brief conflict with the rival Palestinian faction Fatah. Israel, along with Egypt, implemented the blockade in response to security concerns, as they considered Hamas a terrorist organization. Israel and Egypt have stated that the blockade is aimed at preventing the smuggling of weapons and materials that could be used for military purposes into Gaza. They argue that these measures are necessary to ensure the safety and security of their citizens. Critics of the blockade, including international humanitarian organizations, argue that it has led to a dire humanitarian situation in Gaza. They claim that the restrictions on the movement of goods, including essential supplies like food and medicine, have contributed to poverty and limited access to basic services for the population. The international community, including the United Nations, has expressed concern about the impact of the blockade on the civilian population in Gaza. Various countries and organizations have called for the lifting of the blockade, citing its negative humanitarian consequences. The blockade constitutes a collective punishment, which is prohibited under international law.
In the video mentioned in the footnote, Palestinian citizens are denied access to a street and it is clearly visible that Jewish citizens are allowed to pass. Several Palestinian citizens asked the IDF soldiers what the legitimate reason was, then they replied that access should/can only be granted to Jewish citizens and not Palestinians. Also, several roads in the West Bank are off limits to Palestinians and are for settler use only.
Israeli far-right activists gathered in front of the fence at the Beit Hanoun (Erez) crossing between Israel and Gaza, calling for the building of Israeli settlements in Gaza after the war is over. A settler woman says in an interview the following: “It’s a symbolic act, showing that we built two houses. There are two wooden structures and they actually came in with these pieces, these big pieces of wood and they built two structures here on the Gaza strip. We came here in order to enter, to return back home.’’
Israeli government ministers announced that a planning body advanced permits for 3,500 new West Bank settlement homes near Jerusalem. The Higher Planning Committee of the Civil Administration, which oversees the construction of Israeli settlements in the occupied West Bank, has reportedly not met since June due to the war in Gaza. The council is headed by far-right Israeli finance minister, Bezalel Smotrich. A synagogue in Toronto, Canada hosted an event on the 3rd of March for the sale of properties built on Occupied Palestinian Territories to prospective illegal Jewish settlers. Similar plans have emerged for Gaza.
In the following video, Palestinian citizens are denied access to a street and it is clearly visible that Jewish citizens are allowed to pass. Several Palestinian citizens asked the IDF soldiers what the legitimate reason is, then they replied that access should/can only be granted to Jewish citizens and not Palestinians.
ARTICLE 8 WAR CRIMES ROME STATUTE
According to article 8 (1) of the Rome Statute, the ICC has jurisdiction over war crimes when they are committed as part of a plan or policy or as part of a large-scale commission of such crimes. These war crimes include grave breaches of the Geneva Conventions on 12 August 1949, which are acts against persons or property protected under the provisions of the relevant Geneva Convention. The Rome Statute thereby provides a list of specific crimes that fall under the Court's jurisdiction and can be investigated.
A. Article 8 (2) (a) (iv) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly
During the war in Gaza, numerous houses were demolished through bombardments, and property, money and jewelry were stolen by Israeli soldiers. These actions constitute war crimes according to article 8 (2) (a: iv) Rome Statute. Furthermore, these crimes also violate article 4 (2) (g) of Protocol II of the Fourth Geneva Convention. The Rome Statute prohibits the destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.
Several Israeli soldiers have posted videos showing them stealing property and abusing their power to blow up buildings of civilians who have left their home and possessions in accordance with the commands of Israel to flee to the Southern part of the Gaza Strip. One video shows how a soldier is playing on a stolen guitar from the Palestinian musician Hamad accused an Israeli soldier of stealing his guitar from his demolished houses in Gaza. Another video shows the theft of a necklace from a civilian's house. In a separate incident, a soldier is seen driving a stolen vehicle on the street, which belongs to a civilian. The same source reveals a soldier bombing a building without any legitimate reason on November 23 2023, to” celebrate his daughter's birthday”. Further, another video shows stealing property of another house, a necklace this time. Also a soldier can be seen on a stolen step which belongs to civilians. Another video shows how an Israeli soldier opening a safe which belongs to a Palestinian.
Natural gas
According to a study by the United Nations Conference on Trade and Development (UNCTAD), it has been confirmed that the occupied Palestinian territory has substantial reservoirs of oil and natural gas. Israel is allegedly exploiting these resources from Palestine by granting licenses to new companies. On the 29th of October 2023, Israel reportedly issued 12 licenses to six companies, including British Petroleum and the Italian energy giant Eni. These resources are present in the West Bank and the Mediterranean coast off the Gaza Strip. Current estimates suggest that there are 122 trillion cubic feet of natural gas and 1.7 billion barrels of oil.The value of these untapped natural gas and oil reserves has been estimated to be tens, if not hundreds, of billions of dollars. These unrealized gas and oil resources rightfully belong to the occupied Palestinian territory. By displacing the Palestinians, it becomes difficult for anyone to claim back the property or the natural resources, including the gas and oil. Jared Kushner stated during an interview that Gaza could be a valuable ‘waterfront property’, and called for Israel to remove civilians before it ‘cleans up’ the Strip.
B. Taking of hostages Article 8 (2) (a) (viii.) of the Rome Statute
According to article 8 (2) (a) (viii) Rome Statute taking hostages is a war crime. Committing crimes by taking hostages and using them as human shields, constitutes a grave breach of the Geneva Conventions,. According to the Rome Statute it defines taking hostages and also using children beneath the age of fifteen for participation actively in hostilities. Such acts are a grave breach of article 8 (2) (a: viii.) (c: iii.) (e: vii.) of the Rome Statute.
In the video’s mentioned in the footnote, it is clear that the Israeli Regime violated article 8 war crimes of the Rome Statute, by taking hostages and using them as human shields. For example, on the 10th of November 2023, the Israeli military used an innocent man, Alaa Abu Hashish as a human shield from Al Fawar Camp.
In another video a thirteen year old boy can be seen, who was tied up in front of an Israeli tank and is being used as a human shield. Another original video shows the Israeli military using children as human shields by putting them in front of a tank. Another report concluded that the Israeli military turned an UNRWA School into a military base and kidnapped six hostages and used them as human shields. On the 16th of January 2024 they used an innocent man as a human shield. Civilians are thus kidnapped and are used as human shields. Another video shows the using of a civilian as an human shield in Shujjaia Neighborhood.
According to the Anadolu Agency, Palestinians are being treated inhumanely “the Israeli practices include direct threats of death and rape, the use of police dogs and the use of citizens as human shields.” The evidence shows that it is clear that the Israeli Regime is violating international humanitarian law by taking hostages and using the civilians also as a human shield. These violations amount to a violation of article 34 Fourth Geneva Conventions, 1949 and war crimes according article 8 (2) (e: vii.) Rome Statute. This is also a breach of article 3 (1) (B): taking hostages and is forbidden according to article 34 of the Fourth Geneva Convention (Commentary of 1958) and article 75 (2) (c) of the Additional Protocol I to the Geneva Conventions, 1977 and article 4 (2) (c) of the Additional Protocol II to the Geneva Conventions, 1977.
C. Article 8 (2) B (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
Attacking civilians
Article 8 (2) (b) (i) of the Rome State, of the International Criminal Court defines intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities as part of a widespread attack. These crimes amount to war crimes and crimes against humanity.
As long as attacks are taking place, the attacking force is required to protect civilians. The attacks by the Israeli regime against civilians are a breach of the Rome Statute. Attacking civilians directly or treating them inhumanely is also prohibited by article 3 (1) (a) of the Fourth Geneva Convention, 1949 (Commentary of 1958) Articles 13 - 18 of the Additional Protocol II to the Geneva Conventions, 1977 offer protection to the civilian population. According to article 4 (1) of the Additional Protocol II to the Geneva Conventions, 1977 fundamental guarantee according to part 1. The civilian population must be protected from collective punishment or other acts of terrorism. Furthermore, it is prohibited that “the civilian population shall or become the object of attack”. Civilians must be protected, as long as they aren't combatants.
There are also rules that specifically apply to women (during a conflict). Women are an object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault. This also applies to children.
In addition to the above, there has also been a breach of the Rome Statute, as the Israeli regime attacked civilians directly by attacking residences as well as civilians in the street. Contrary to what the Israeli Foreign Minister Eli Cohen claimed in an original audio on the 26th of October 2023, specifically that his country is acting in accordance with international law and has never targeted civilians, the actual situation is totally different.
There are numerous examples of attacks by Israel on the civilian population of Gaza, with the intention to kill and to reduce the Palestinian population. It has also been demonstrated that the violations of the law and disproportionate acts against the civilians are widespread.
A few examples of numerous videos which are online in which these attacks can be seen are the following. A video dated the 31st of October 2023 shows the execution of a young boy in the middle of the street. In a video dated the 31st of October 2023, a young Palestinian girl describes what she and fellow Palestinians had gone through in a message addressed to the world amidst Israel’s relentless attacks on Palestine’s Gaza. Another video dated the 3rd of November 2023, shows a girl who became blind after being bombed. In a video dated the 10th of November 2023, a child can be seen who lost her legs. Another video dated the 15th of November 2023, shows an innocent Palestinian who is filming himself being shot. Another video dated the 24th of November 2023, shows Israeli forces opened fire on Palestinian civilians who were attempting to reach their homes in Northern Gaza during the temporary truce, killing two civilians and injuring others. These are violations of Article 77 (1) of the Additional Protocol I to the Geneva Conventions, 1977.
A UN-report states that on the 19th of December 2023 unarmed men, women and children, including a baby, were executed in the “Annan-building” in Al Remal, Gaza-town. The report stated: “Israeli forces took control of a building in Gaza where civilian families were sheltering, lined up the men – fathers and sons – and executed them in front of their families. They then forced the women and children into a room and threw a grenade into it.” This is clearly a violation of the articles 76 (1) and 77 (1) of the Additional Protocol I to the Geneva Conventions, 1977, regarding the protection of women and babies in a conflict and constitute war crimes and crimes against humanity
Furthermore, Israeli troops left explosives inside cans at a UN school in Khan Younis in the southern Gaza Strip, which led to the risk of injury or death of children. In another instance, an Israeli sniper targeted anybody who tried to injured Palestinian civilians. Two young brothers were killed by the Israeli snipers. Another video dated the 25th of January 2024, shows a civilian being shot during a live interview with ITV Report. Another video dated the 27th of January 2024 shows a 11 years old girl named Ghazal who was in critical condition and had been shot in the neck by a IDF-sniper. Journalist Wizard Bisan asked her what happened and she said: “I was going to the bathroom (at the vocational UNWRA College in Sinaa) and before I entered the building, I got shot in the neck. I was going with my aunt to another building and then they shot me.’’ In the video the bullets lodged in her body can be seen on and X-ray.
On the 27th of January 2024, Israeli tanks and snipers opened fire on civilians while they were shopping at a market in northern Gaza." Another video shows how an Israeli sniper shot a civilian next to the Al-Amal hospital in Khan Younis."
Furthermore, on the 1st of February 2024, Israeli soldiers dressed up like Muslim women and doctors and stormed a hospital in the West Bank and assassinated 3 young Palestinians. Another video shows thousands of civilians who were fleeing and trying to move towards Rafah from Khan Younis, being held at gunpoint by Israeli tanks.On the 30th of January 2024, Fresh Israeli air strikes killed and injured a number of civilians in Deir Al-Balah in the middle area of the Gaza Strip". On the 2nd of February 2024 a video shows Israeli tanks opening fire on civilians. On the 22nd of February 2024, a video shows an attack on two men who were simply walking in the street. ”Israeli unmanned combat aerial vehicle targeted two Palestinians in a car and killed them after striking for a second time while they were lying on the road injured in Rafah, Gaza.” On the 22nd of February 2024 the IDF soldiers cheered and mocked the destruction of houses in Gaza.
A week-long CNN investigation revealed in unprecedented detail how Israeli forces used indiscriminate fire over the course of one night, killing half a family sheltering in central Gaza. They analyzed Satellite imagery and were advised by ballistic and forensic experts. A key finding of the investigation is that the Israeli military did not take due precautions in trying to warn civilians of its attack.
At an aid distribution point in Gaza City, many witnesses stated that the Israeli army opened fire on a crowd. Gaza’s health Ministry announced that dozens of people were killed when they were waiting to collect humanitarian aid. In the attached video, an eye witness described the following: ‘’We had come here to get our hands on some aid. I have been waiting since yesterday noon. At 04.30 in the early morning trucks started to trickle in. The Israeli army just opened random fire on us, as if it was a trap. Once we approached the aid trucks, the Israeli tanks and warplanes started firing on us.’’ Another witness said: ‘’We were going to bring flour, then the Israeli snipers shot at us. They shot me in my leg and I am unable to stand up.’’
After Palestinian civilians had spent hours waiting for humanitarian aid, Israel committed a horrifying massacre in Al Rasheed street, West Gaza. Dozens of Palestinians were transported on aid trucks to hospitals. Israeli armored vehicles also ran over the bodies of several civilians, during which the IDF fired incendiary shells towards civilians in the area. According to the Ministry of Health in Gaza, at least 104 Palestinians were killed and more than 760 others were wounded by Israeli occupation forces.
A video shows the moment Israeli forces fired at Palestinian civilians in Gaza who were gathering around food aid trucks on Al-Rashid Street, trying to collect flour to feed their families as famine ravaged the besieged strip.
American veteran Josephine Guilbeau, former intelligence officer, told TRT World (interview), that the Israeli army deliberately targeted Palestinian civilians despite having the technology to see who is in the buildings they choose to attack.
In an interview with Al Arabiya, a displaced Palestinian mother in Rafah recounts how Israeli forces stormed the UNRWA school shelter she was staying in and detained all the men inside, including her sons. “They put the women there and took the men. They stripped them naked. We don’t know what they’ve done to them.”
Israeli forces ordered Palestinians who were waiting for aid in northern Gaza to disperse, then opened fire on them as they were leaving. The Middle East Eye Gaza correspondent Mohammed al-Hajjar captured the incident on video. The video shows Israeli warplanes bombing Gaza City on Monday and documented the destruction caused as well as Palestinian civilians trying to help those injured in the attacks. Israel’s military forces have killed at least 31,726 Palestinians in Gaza since the 7th of October 2023, including more than 13,000 children and more than 8,000 women, according to the Palestinian health ministry.
The Palestinian Ambassador Riyad Mansour called on the security council and stated: ‘’According to the information that we have about the killed civilians at the aid delivery, dozens of them have bullets in their heads. If there was chaos and confusion there had to be firing in the sky. It was intentionally targeting and killing and this massacre is a testimony that it is costing innocent Palestinians lives.
Daniel Lurie, an Israeli soldier, posted a video on X, showing a Palestinian man's body lying on the ground seen through a tank window, while a IDF soldier can be heard boasting about “running over him.” The Euro-Med Human Rights Monitor reported that Israeli soldiers in Gaza killed many Palestinian civilians by “deliberately running them over alive with military vehicles.”
A week-long CNN investigation has revealed in unprecedented detail how Israeli forces used indiscriminate fire over the course of one harrowing night, killing half a family sheltering in central Gaza. They analyzed Satellite imagery and included advises of ballistic and forensic experts. A key finding of the investigation is that the Israeli military did not take due precautions in trying to warn civilians of its attack. According to a report from +972 and Local Call, Israel utilizes an AI system to kill innocent people. ‘It’s much easier to bomb a family’s home. The system is built to target them in these situations,’ they said. They deliberately aimed at families. The rapport concludes: ‘’the Israeli army systematically attacked the targeted individuals while they were in their homes (usually at night while their whole families were present) rather than during the course of military activity.’’ Sources also testified that thousands of Palestinians, most of them women and children or people who are not involved in the fighting were wiped out by Israeli airstrikes. A source testified (intelligence officer) to +972`` we were not interested in killing Hamas operatives only when they were in a military building or engaged in a military activity.’’
On the 9th of March 2024, Atta Ibrahim Al-Mugaid, a 73 years old deaf man, was executed by the IDF. A video shows testimony of a civilian who’s house was targeted in the middle of the night killing nine family members included children and women. Another video shows the bombing of four civilians who were walking. In a video dated the 21st of March 2024, a young woman can be seen (24 years and a architect in Gaza) speaking about the destruction of her office. This was her final post, because she was killed by an Israeli air strike in Gaza City. Another video shows the testimony of Manal Ba’loosha who lost her husband and children. She just left her house to get some flour when the building was hit by an airstrike. Another video dated the 14th of April 2024, shows the attacking of civilians who were trying to return to their homes.
Gaza Government media office officially announced that they received information about the execution of a number of children by the occupation arm. Among those executed civilians are patients and displaced persons in the Al Shifa medical complex.
White flags
Pursuant to Article 57(2)(a)(ii) of Additional Protocol I, those who plan or decide on an attack, must take all feasible precautions to avoid altogether or at least to minimize incidental losses of life of civilians. According to the evidence, the brutal attacks by the IDF are intentionally directed against the civilian population in Gaza. Even after the Court of Justice in The Hague ordered interim measures directed towards Israel, Prime Minister Netanyahu said he would continue the ‘war’. Israel subsequently did not provide any report regarding its compliance with the ICJ decision. In fact, Israel increased their attacks directed at the civilian population by bombing the safe-zone in Khan Younis and further up to Rafah, despite a demand for a permanent cease-fire by the international community.
A video dated the 22nd of December 2023 shows how Israeli soldiers shot dead a pregnant women carrying a white flag, who was on her way to Al-Awda hospital to give birth. A recent video dated the 22nd of January 2024 was released on social media. An innocent Palestinian man is seen whilst being interviewed. During the interview, he was holding a white flag. Just seconds after the interview commenced, the Israeli army executed him on live television. On the 24th of January 2024, a civilian carrying a white flag was being interviewed. He was shot shortly after the interview. This was captured by the ITV camera. When Ramzi Abu Sahlool was shot by Israeli soldiers, he was evacuating his family from Mawasi, which Israel had earlier declared a ‘safe area’ in Gaza.
The spokesperson of UNRWA, Adnan Abu Hasna, said that hundreds of Palestinians had taken shelter in the training facilities in Khan Yunis, when the IDF attacked. This attack led to the death of at least 9 people and countless injuries.
On the 26th of January 2024, a video shows Palestinians being shot in Gaza , while they were waving white flags and trying to flee. A grandmother named Hala Khreis was shot and killed while he was holding her grandson's hand. On the 1st of February 2024, an Instagram video shows the IDF firing at civilians who were waving a white flag.
According to a report of UN experts dated the 19th of February 2024 the Israeli occupation forces “IDF” committed rape and sexual assault against detained Palestinian women of the Gaza Strip. “We are shocked by reports of the deliberate targeting and extrajudicial killing of Palestinian women and children in places where they sought refuge, or while fleeing. Some of them were reportedly holding white pieces of cloth when they were killed by the Israeli army or affiliated forces,” the experts said. On the 25th of February 2024 a video shows the Israeli army targeting displaced civilians at the Egyptian border.
D. Intentionally directing attacks against civilian objects, that is, objects which are not military objectives Article 8 (2) (B: ii) Rome Statue
The obligation to distinguish between a legitimate military objective and civilian population - the principle of distinction
The ICC has consistently emphasized the principles of distinction and proportionality, requiring combatants to differentiate between military targets and civilians and to ensure that the military advantage anticipated from an attack is not outweighed by civilian harm. Cases such as Prosecutor v. Jean-Pierre Bemba Gombo highlight the Court's commitment to these principles.
The Statute Rome states in article 8 (2) (b) (ii) that intentionally directing attacks against a civilian population as such or against individual civilians not taking direct part in hostilities is a grave war crime. According to an uncontroversial principle of customary international humanitarian law (IHL), parties to an armed conflict must distinguish between the civilian population and combatants and between civilian objects and military objectives. In order to spare civilians and the civilian population from hostilities and their effects, it is essential to define who and what may be attacked. The first rule regarding attacks (by acts of violence) is that the intended target must be a military objective.
Undefended towns are as a rule not military objectives, as they hold no military assets or personnel. As Gaza has no military, the towns cannot as such be seen as a legitimate military objective. Hamas combatants or structures can be a military objective, even if they are hiding in a civilian area. Once a military objective is the target, under additional rules, which are not discussed here, the attack may nevertheless become illegal if excessive collateral damage affecting civilians or civilian objects must be expected.
Furthermore, even when attacking a lawful target, precautionary measures to spare civilians have to be taken. While the main aim of the law is to protect people, it is appropriate to discuss first what objects may be attacked.
From the point of view of the philosophy of IHL it would have been more satisfactory to define civilian objects. However, as it is not due to its intrinsic character but according to its use by the enemy or potential use for the attack that an object becomes a military objective, military objectives had to be defined. Indeed, every object other than those benefiting from special protection may become a legitimate object of attack. For this same reason it has neither (not) been possible to formulate an exhaustive list of military objectives, although such a list would have greatly simplified the rule’s practical implementation. Most definitions are therefore abstract but provide a list of examples. Protocol I provides a definition (Cf. Art. 52 (2) of Protocol I) with an open list of examples of civilian objects which are presumed not to be military objectives (Cf. Art. 52 (3) of Protocol I).
Article 52 (2) of Protocol I provides for a definition of military objectives which is considered as reflecting customary international law, including by the U.S. which opposes Protocol I for other reasons. Under that definition, an object must cumulatively fulfill two criteria to be a military objective. First, the object has to contribute effectively to the military action of the enemy. This is exemplified by an object’s "nature, location, purpose or use", which clarifies that not only objects of a military nature are military objectives. Second, its destruction, capture, or neutralization has to offer a definite military advantage for the other side. Characterizing the contribution as "effective" and the advantage as "definite", as stipulated in article 52 (2) of Protocol I, the drafters tried to avoid a wide interpretation of what constitutes a military objective, in effect excluding indirect contributions and possible advantages. Without this restriction, the limitation to "military" objectives could be too easily undermined. Both criteria must be fulfilled "in the circumstances ruling at the time": Without this limitation to the actual situation at hand, the principle of distinction would be void, as every object could in abstracto, under possible future developments, e.g., if used by enemy troops, become a military objective. Several States have clarified, when ratifying Protocol I, their understanding that a specific area of land may be a military objective if its total or partial destruction, capture or neutralization in the circumstances ruling at the time offers a definite military advantage. According to additional declarations of understanding, the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack. An attack as a whole must however be a finite event, not to be confused with the entire war.
Combatants are military objectives. Police officers are combatants if they are incorporated into the armed forces. Civilians, including police officers not incorporated into the armed forces, who unlawfully take a direct part in hostilities, lose their protection against attacks, as long as they directly participate. Everyone else who is not a combatant is a civilian benefiting from the protection provided for by the law on the conduct of hostilities. Together, the categories of civilians and combatants are mutually exclusive and in complement to one another, which is very important for the completeness and effectiveness of IHL, in effect avoiding circumstances where some people may fight but may not be fought against or where others may be attacked but may not – and do not - defend themselves. Such privilege or disadvantage, respectively, would never be respected and would undermine the whole fabric of IHL in a given conflict. Under IHL there may be no category of "quasi-combatants", i.e., of civilians contributing so fundamentally to the military effort or the war effort (e.g., workers in ammunition factories) that they lose their civilian status although not directly participating in hostilities. If the civilian population shall be protected, only one distinction is practicable: The distinction between those who (may) directly participate in hostilities, on the one hand, and all others, on the other hand, who do not, may not, and cannot hinder the enemy militarily from obtaining control over their country in the form of a complete military occupation - regardless of whatever their contribution to the war effort may be otherwise. To allow attacks on persons other than combatants would violate the principle of necessity, because victory can be achieved by overcoming only the combatants of a country - however efficient its armament producers and however genial its scientists and politicians may be. The suggestion that some civilians may be targeted because of their fundamental contribution to the war effort, although they do not directly participate in hostilities, may be based on a misunderstanding or a failure to distinguish between objectives that may be attacked and persons who may be the target of an attack.
The principle of distinction is one of the oldest principles and a cornerstone of international humanitarian law (IHL). The International Court of Justice considers it a ‘cardinal’ and ‘intransgressible’ principle that forms part of the ‘fabric’ of IHL. It applies only in the context of an armed conflict and prohibits directing attacks against civilians and civilian objects.
International humanitarian law protects civilians on the condition that they do not participate in the conflict. The principle of distinction excludes not only deliberate attacks against civilians, but also indiscriminate attacks, i.e. instances in which the attacker does not target any specific military objective. Article 48 of the 1977 Protocol I Additional to the Geneva Convention of 1949 provides that “the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct operations only against military objectives.” Article 49 of the Additional Protocol to the Geneva Conventions of 12 August 1949 mentions that the term attack in this context means any act of violence understood in the widest possible sense as long as it entails loss of life, physical or psychological injury, or damage to property. Attacks do not include non-forcible acts, such as non-injurious psychological warfare.
International humanitarian law protects civilians on the condition that they do not participate in the conflict. The principle of distinction excludes not only deliberate attacks against civilians, but also indiscriminate attacks, i.e. instances in which the attacker does not target any specific military objective. Article 48 of the 1977 Protocol I Additional to the Geneva Convention of 1949 provides that “the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct operations only against military objectives.” Article 49 of the Additional Protocol to the Geneva Conventions of 12 August 1949 provides that the term attack in this context means any act of violence understood in the widest possible sense as long as it entails loss of life, physical or psychological injury, or damage to property. Attacks do not include non-forcible acts, such as non-injurious psychological warfare.
The definition of a military objective, however, is open ended, if only because every civilian object – not excluding even a hospital or a mosque – is susceptible to use for military purposes. Such use (or abuse) will turn a hospital or a place of worship into a military objective, exposing it to a lawful attack under certain conditions. The only attenuating consideration is that, under Article 52(3) of Protocol I, in case of doubt the presumption should be that such a place is actually used for the normal purposes to which it is dedicated.
On many occasions the Israeli spokespersons have argued that hospitals were targeted because “they were used by Hamas”. Not only did this not prove to be correct, in fact, this in itself does not change the hospital into a military objective. Only if the hospital, a highly protected civilian object in international humanitarian law, houses active combatants, can it be targeted. No active Hamas fighters have been found in the hospitals. Whichever -often debunked- argumentation we have heard, has not taken the principle of distinction between civilian and combatant into account, which means that it has targeted these hospitals in violation of international humanitarian law -even if we would have followed their argumentation- which we do not.
The scale of civilian death and the apparent inability to prevent these civilian deaths, combined with structural violations of the principle of distinguishing between civilians and combatants combined with the genocidal statements that have been repeated on high level, means that the genocide convention is applicable.
Civilian protection lies in observing proportionality in the effects of an attack. This means, as prescribed by Article 51(5)(b) of the Protocol I, that when an attack against a military objective is planned, incidental losses to civilians or civilian objects (usually called collateral damage) must not be expected to be “excessive” in relation to the concrete and direct military advantage anticipated. Intentionally launching an attack in the knowledge that it will cause incidental loss of life or injury to civilians or damage to civilian objects which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated is a war crime under Article 8(2)(b)(iv) of the Rome Statute. Article 8(2)(b)(i) of the Rome Statute provides that intentionally directing attacks against civilians, who are not taking direct part in hostilities and intentionally directing attacks against civilian objects which are not military objectives (Article 8(2)(b)(ii) of the Rome Statute) constitute other serious violations of the laws and customs applicable to international armed conflict.
The expectation of excessive incidental losses to civilians or damage to civilian objects taints an attack as indiscriminate in character. Article 51(4) of the Additional Protocol to the Geneva Conventions 12 August 1949 prohibits indiscriminate attacks and explains in Articles 51(4) -51(5) what constitutes an ‘indiscriminate attack’, a.o. attacks which are not directed at a specific military objective (Article 51(4)(a)).
The military advantage anticipated from an attack must be viewed from a holistic view: when a large-scale attack is in progress, it is not required to assess every discrete segment in isolation from the overall picture where all circumstances must be factored in. Thus, the bombardment of a hospital may have a green light if the actual number of patients is negligible, whereas, if the number of the patients is disproportionate then the attack needs to be aborted. If the strategic and military value of a military objective is exceedingly high, significant collateral civilian losses resulting from an attack may be countenanced. Thus, any planned attack – and any commensurate estimate of the number of civilians present in or near military objectives – must be based on up-to-date intelligence. The fog of war is such that mistakes are unavoidable in every sizable military operation. However, when collateral damage to civilians is proved to be excessive in actuality and it is reasonably expected to be excessive at the time of planning, ordering or carrying out the attack is prohibited.
Pursuant to Article 57(2)(a)(ii) of Additional Protocol I, those who plan or decide on an attack must take all feasible precautions if not to avoid altogether, at least to minimize incidental losses to civilian objects. In order to achieve the same goal of sparing civilians and civilian objects from the effects of attacks, Article 57(3) of Protocol I sets forth that, if a choice is possible among several military objectives for obtaining a similar military advantage, the one expected to cause the least incidental civilian losses and damage should be selected.
On the 20th of October 2023 an article was published by Amnesty International including an interview of Mohammad al-Do describing such an indiscriminate attack on a three-storey residential building in the al-Zeitoun neighborhood of Gaza City, in which he and his family members resided. As a result, Mohammad al-Do lost one of his children and 15 family members in that attack. Research by Amnesty International found no evidence of military targets in the area at the time of the attack: “The fact that the building was full of civilians at the time of the air strike further supports the testimony of survivors who said Israeli forces did not issue any warnings. It took relatives, neighbors and rescue teams more than six hours to remove the bodies from beneath the rubble. Amnesty International’s research has found no evidence of military targets in the area at the time of the attack. If Israeli forces attacked this residential building knowing that there were only civilians present at the time of the attack, this would be a direct attack on a civilian object or on civilians, which are prohibited and constitute war crimes. Israel offered no explanation on the incident. It is incumbent on the attacker to prove the legitimacy of their military conduct. Even if Israeli forces targeted what they considered a military objective, attacking a residential building, at a time when it was full of civilians, in the heart of a densely populated civilian neighborhood, in a manner that caused this number of civilian casualties and degree of destruction would be indiscriminate. Indiscriminate attacks that kill and injure civilians are war crimes.”
An article published in/on +972 Magazine (website) describes the modus operandi of Israeli forces, where indiscriminate attacks are used as a tactic to harm Palestinian society: “The investigation by +972 and Local Call is based on conversations with seven current and former members of Israel’s intelligence community — including military intelligence and air force personnel who were involved in Israeli operations in the besieged Strip — in addition to Palestinian testimonies, data, and documentation from the Gaza Strip, and official statements by the IDF Spokesperson and other Israeli state institutions. Compared to previous Israeli assaults on Gaza, the current war — which Israel has named “Operation Iron Swords,” and which began in the wake of the Hamas-led assault on southern Israel on October 7 — has seen the army significantly expand its bombing of targets that are not distinctly military in nature. These include private residences as well as public buildings, infrastructure, and high-rise blocks, which sources say the army defines as “power targets” (“matarot otzem”). The article elaborates further: “In one case discussed by the sources, the Israeli military command knowingly approved the killing of hundreds of Palestinian civilians in an attempt to assassinate a single top Hamas military commander. “The numbers increased from dozens of civilian deaths [permitted] as collateral damage as part of an attack on a senior official in previous operations, to hundreds of civilian deaths as collateral damage,” said one source.”
Pursuant to Article 51 of the Additional Protocol to the Geneva Conventions on the 12th of August 1949, it is illegal to launch an attack of which the primary purpose is to spread terror amongst the civilian population. The prohibition is applicable even if the attacker has every reason to believe that such a terror campaign will shatter the morale of the civilian population and that the war will be brought to a rapid conclusion.
Article 1 of the Fourth Geneva Convention clearly stipulates that States have an obligation not only to respect but also to ensure respect for international humanitarian law in all circumstances. This duty encompasses measures ranging from purely preventive action to the repression of serious violations of humanitarian law. As shown above, Israel has not acted according to its obligation(s) under international humanitarian law.
Attacks on civilian objects
Since the 7th of October 2023 the Israeli regime has attacked civilians in Gaza, claiming to do so under the right to self-defense. International humanitarian law defines rules in which civilians must be protected. The attacks by the Israeli regime directly on residences belonging to civilians who had nothing to do with Hamas, constitute as intentionally directing attacks against civilian objects. This constitutes a grave breach of the Rome Statute.
According to the Geneva Conventions there are fundamental guarantees that must be upheld at any time and any place during an armed conflict. In particular acts such as violence to life, health, or physical or mental well-being of persons are prohibited at any time and place. Article 4 (1) of the Additional Protocol II to the Geneva Conventions, 1977 , guarantees according to part 1 that the civilian population must be protected from collective punishment or other acts of terrorism. Article 13 of the Additional Protocol II to the Geneva Conventions, 1977 prescribes that it is prohibited that “the civilian population shall become the object of attack”. They must be protected as long as they do not take direct part in hostilities. The objects of civilians have to be protected and attacks must be limited strictly to the military objectives.
The examples as set out below demonstrate the attacks on and the targeting of civilian objects in Gaza, with the intention to kill and to reduce the Palestinian population. It also clearly shows the violations of law and disproportionate acts against the property of civilians. According to Amnesty International on the 20th of October 2023: “Unlawful attacks of Israel, including discriminating attacks which caused mass civilian casualties must be investigated as war crimes.” The investigation confirmed five unlawful attacks on residential buildings, a refugee camp, a family home and a public market.
As long as attacks are taking place civilian objects are required to be protected. However, the evidence shows that the Israeli regime has targeted civilians directly in their residences, in their cars, in places of worship and in hospitals. Casualties and damage have been enormous in relation to the acquired concrete and direct military advantage, if any. Dispersed families must be reunited. “Until now, the Israeli regime has not taken any measures to reunite the dispersed families, nor to protect the stragglers or to protect children against war crimes”).
The following videos show attacks on civilians and civilian residences. The attacks are taking place on a daily basis, without any proper warning to evacuate.
During the court proceedings, brought before the International Court of Justice, the Israeli defense (lawyer) also claimed that they (Israel) had been acting carefully and had tried not to hit civilian targets. The next video, however, shows the destruction and demolition of civilian objects including houses. Another video, dated the 7th of October 2023, shows bombing an entire building where civilians were present. There was no prior warning. Until now, no explanation has been provided by the Israeli regime for the bombing of this building.
A video dated the 9th of October 2023, shows fleeing civilians, while the residential area of El-Ramal was being destroyed. The videos from the 9th and the 11th of October 2023 show more than 15 to 20 houses which were demolished in the Gaza strip. On the 11th of October 2023 a fleeing civilian. He states: “That there are no militants there to fight. The whole neighborhood is flattened to the ground. He also asks why the Israeli regime is attacking them with phosphorus.” A video from the 18th of October 2023, shows the "Martyrs and injuries from shelling from occupation on the house of the "Abu Muhdah" family in Deir Al-Balah in the center of governance". On 20th of October 2023 another house in Nuseirat was bombed.
In a video dated the 22nd of October 2023, civilians explain that they had survived two bombings by Israel and the scenes that they had witnessed. A child of 7 months old was killed and girl was injured. The next day another their house was bombed. This is shown in a video dated the 23th of October 2023 with the title “Targeting a house of Abu jld family in Al-Bureij". A video dated the 24th of October 2023 shows the bombing of the Shaldan family residence. Quote: “Shaldan” family’s house in “Al-Masha’la” area was bombed… Almost everyone in the house was under the rubble… People are safe in their homes and have brought flour.” The aforementioned video shows unarmed civilians searching for survivors under the rubble. Another video shows the destruction in Gaza. Jake Tapper reported that people were using their phones to search under the rubble after a building had been attacked by Israeli air strikes.
On the 26th of October 2023, the Israeli regime targeted another house in Deir Al-Balah. Civilians tried to find survivors with their flashlights. The video shows the damage that was caused. Another house belonging to Abu Bilal Al-Hors in Nuseirat had been targeted by the Israeli regime. They report that: "The house is full of civilians and there are a large number of people under the rubble".
Some videos show bombing in Gaza after the entire of Gaza was cut off from electricity. In one of the video’s, bombing and screaming civilians can be heard. The attached video dated the 27th of October 2023 shows civilians who are devastated about the carnage that the Israeli attack caused. After cutting off civilians from electricity, the IDF advised the citizens of Gaza to flee to the South. But this message was not received by the civilians, because the electricity was cut off. In the next video, you can hear screaming civilians while their houses are being bombed.
In a video dated the 30th of October 2023, a car full of civilians can be seen which is attacked by the IDF. A journalist witnessed the attack. "They destroyed a whole family. Israeli tanks entering Gaza from the middle area destroyed any vehicle which tried to cross." When the car which can be seen in the video was turning, munition hit the car without any legitimate reason. In a video dated the 31st of October 2023 a young boy is shown who was taking a ball to his nephew when the IDF bombed his nephew’s house. A video dated the 3rd of November 2023 shows the aftermath of an attack on a car that was heading to the South of Gaza. The caption of the video reads: “From the place of targeting a displaced car on Al-Rashid Street next to the Wadi-Gaza Bridge, they were heading to southern Gaza.” As shown in the video, civilians and their property lie in the street. 15 civilians were killed in this attack.
On the 4th of November 2023, a group of American Palestinians traveled to the border with Egypt in Gaza. The American embassy had advised the family to leave for the border crossing. While they were on their way, the IDF bombed their van. A 17 year old American citizen lost her hand. In another video dated the 6th of November 2023, more violence directed at civilians can be seen meters away from an Al Jazeera crew site in Gaza.
A video dated the 7th of November 2023, shows a street in Deir Al-Balah" Dayr al-Balah City in Gaza Strip. Civilians are comforting each other, as homes had been bombed which resulted in casualties. It’s clear that this was not a military objective.
Journalist Motaz, shared a video in which the bombing of his house could be seen. In his words: “It was always closer than I expected, I was on a quick visit to my grandparents house to bring them some water and on my way back after I left in a one minute the airstrike was closer than I thought. I parked the car in the street and ran to catch the first footage even before the dust of the Israeli air strike settled. In the video you see people screaming for help and the civilians starting to evacuate.” The video shows civilians looking for children under the rubble.
In another video dated the 8th of November 2023, the aftermath of a bombing by the IDF can be seen and heard as civilians cry out for help. In a video dated the 9th of November 2023 the aftermath of an attack on the house of the Nassar family in Deir-al-Balah (Southern Gaza Strip) can be seen. The title reads: “Martyrs and wounded in the bombing that targeted a house of the Nassar family in Deir Al-Balah in the southern Gaza Strip”. Another video dated the 13th of November 2023, shows an attack on the house of the Al-Jaro family at Deir-al-Balah camp. The IDF bombed a residence on the 20th of November 2023 In Rafah City. 15 civilians were killed.
In a video dated the 2nd of December 2023, the aftermath of an attack on the Hamad Town residential complex in Khan Yunis can be seen. The next video, dated the 4th of December 2023, shows a housing complex in Gaza being bombed.
On the 21st of January 2024, the IDF blew up an entire residential quarter in Abasan in Khan Younis. A journalist, Al Helou, reported that “Israeli invading soldiers celebrate detonating an entire residential quarter in Abasan town in KhanYounis in the southern Gaza Strip. They did this for fun. Leveling Gaza, making it unlivable, punishing the whole population to seek revenge, killing civilians and creating endless miseries and hardships. They continue this genocide because they enjoy impunity.” After this destruction, Israeli soldiers were seen cheering and laughing.
In a video dated the 27th of January 2024, IDF tanks and snipers can be seen while opening fire on civilians who were shopping at a market in the northern part of Gaza. Another video dated the 31st of January 2024 shows an Israeli air strike targeting a charity building in Dair Al-Balah in the Gaza Strip’s middle area. In a video dated the 26th of January 2024, an Israeli military bulldozer can be seen crushing a number of vehicles in Gaza. In another incident, the kindergarten in Rafah was bombed by the IDF. According to Wafa reports, several people, including two children, were killed in the attack and dozens were injured. Another video dated the 22nd of February 2024 shows IDF soldiers cheering and mocking the destruction of homes in Gaza. Another video shows Israeli tanks shelling a school where thousands of civilians had taken shelter.
The abovementioned videos show the heinous nature of IDF attacks on the civilian infrastructure and houses. As of now, the Israeli regime has failed to prove any legitimacy regarding these indiscriminate attacks, let alone the possibility that they gave civilians fair warning of the attacks.
“Aid convoys have come under fire and are systematically denied access to people in need.’’ Jens Larke, a spokesperson for the United Nations humanitarian office, said that Israel had been systematically blocking the passage of sufficient aid into the Gaza Strip.” He said: “North of Gaza is extremely difficult to reach, convoys that have been planned over the past one month, two months, have all but been denied, very few have been able to proceed because we have not received the assurances or the acceptance of our notifications from the Israeli authorities.”
``On Sunday the 25th of February, the Palestine Red Crescent Society and the United Nations evacuated 24 patients from Al Amal hospital in Khan Younis, including one pregnant woman and a mother and her newborn baby. Despite prior coordination for all staff members and vehicles with the Israeli side, Israeli forces blocked the WHO-led convoy for many hours. The Israeli military forced patients and staff out of ambulances and stripped all paramedics of their clothes. Three Palestine Red Crescent Society paramedics were subsequently detained, although their personal details had been shared with the Israeli forces in advance, while the rest of the convoy stayed in place for over seven hours. One paramedic has been released, and we appeal for the immediate release of the two others and all other detained health personnel. This is not an isolated incident, aid convoys have come under fire and are systematically denied access to people in need. Humanitarian workers have been arrested, intimidated or detained by Israeli forces, and humanitarian infrastructure has been hit. Just prior to Sunday’s incident, two family members of Médecins Sans Frontières were killed in an unprompted attack by Israeli forces against a deconflicted compound where their staff and family members slept.’’
Attacking journalists
Journalists play a crucial role as messengers of information due to the fact that they actively seek information about ongoing armed conflicts. The presence of journalists and the media in the area of armed conflict provides an essential check on human rights and humanitarian law violations; it discourages misconduct and thereby helps to uphold the law. Sweeping restrictions of the freedom of the press by complete denial of access to certain areas can simply not be justified. In their role, they run risks in the performance of their profession. In armed conflicts, media professionals are particularly prone to become victims of attacks and arbitrary acts of violence, but deliberate attacks on journalists have been explicitly condemned.
Applying protection as civilians under the Rome Statute
According to article 4 (A)(4) of the third 1949 Geneva convention to which all nations have now acceded states, among those persons guaranteed treatment as prisoners of war ( POWs) are persons who accompany the army forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units of services responsible for the welfare of the armed force, provided that they have received authorization from the army forces which they accompany, who shall provide them with an identity card for that purpose. These provisions limit their protection to a specialized type of journalist: the war correspondent. As the international committee of the Red Cross (ICRC) commentary to the conventions notes, the 1949 provisions give prisoner of war status dependent on military authorization to accompany armed forces, with the identity card merely serving as proof of this authorization.
Journalists are protected as civilians in times of armed conflict under Article 8(2)(b)(i) and Article 8(2)(e)(1) of the Rome-Statute. Security Council Resolution 1738 stipulates that "media equipment and installations constitute civilian objects, and in this respect shall not be the object of attack or reprisals, unless they are military objectives.” This statement reflects the general rule and forestalls the assumption that media equipment could generically be regarded as being a military object by nature. Consequently, as with any other object, media equipment amounts to a military objective only if the conditions of Article 52 (2) AP (Protocol Additional to the Geneva Conventions of 12 August 1949) I are satisfied, i.e. if the equipment by its nature, location, purpose or use makes an effective contribution to military action and if its total or partial destruction, capture or neutralization, in the circumstances prevailing at the time, offers a definite military advantage. If the object in question is normally dedicated to civilian purposes, it shall be presumed not to be used to make an effective contribution to military action and would thus not constitute a legitimate military objective (Article 52 (3) AP I).
Applying protection as civilians under the Additional Protocol to the Geneva Convention Article 79(1) of the Additional Protocol to the Geneva Convention (hereafter: AP) clearly indicates that all the provisions on the Conventions and of Additional Protocol I relating to the protection of civilians also apply to journalists.
Protocol I Article 79 expressly states:
1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of article 50, paragraph 1.
2. They shall be protected as such under the conventions and this protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in article 4 (A)(4) of the third convention.
3. They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journalist.
Article 79(1) of the additional Protocol to the Geneva Convention provides that journalists engaged in dangerous professional missions in areas of armed conflict are to be considered as civilians within the meaning of Article 50(1) AP I and thus attacks on journalists are strictly forbidden. They enjoy the full scope of protection granted to civilians under International Humanitarian Law (IHL). Journalists are thus protected both against the effects of hostilities and against arbitrary measures taken by a party to the conflict when they fall into that party’s hands, either by being captured or being arrested.
Article 58(c) AP I requires the protection of civilians under the control of a party to the conflict from the dangers resulting from military operations. This obligation entails that journalists under the control of a party to the conflict, as civilians, be warned of dangers arising from military operations. Similarly, journalists need to benefit from the general obligation of the attacker to provide effective advance warning of attacks which may affect the civilian population unless circumstances do not permit Article 57(2) AP I.
Article 75 (2)(a)(i) of the Additional Protocol I prohibits parties to the conflict from committing murder or any kind of violence to the life, health and physical or mental wellbeing of people who are not participating directly or ceased to participate in the conflict.
The illegality of attacking journalists is manifested by Article 85(3)(e) AP I, under which an attack on civilians can be considered as a war crime. Article 48 of protocol I distinguish between civilian objects and military objectives and, accordingly, to direct operations only against the latter that civilian objects, along with the civilian population, enjoy the general protection set out in Article 52. Radio and television facilities are civilian objects and as such enjoy general protection. The prohibition on attacking civilian objects has been firmly established in international humanitarian law and was reaffirmed in 1977 protocol I and in the Statute of International Criminal Court.
Further, Article 19 of the ICCPR, guarantees the right to freedom of opinion and expression, which may only be restricted under circumstances that meet strict criteria spelt out in international human rights law. Article 19, paragraph 3 lays down specific conditions that permit such restrictions. Restrictions must be provided by law, and necessary for respect of the rights of reputation of others, or for the protection of national security or of public order, or of public health or morals.
Resolution 2222 approved by the United Nations Security Council on the 27th of May 2015, reminds all parties in an armed conflict of their obligations to respect those who work in the media and protect them against all forms of violence.
In Israel’s recent military offensive, the Israeli army did not only attack and kill Palestinian civilians through indiscriminate bombardments and attacks without warning or any discernible military objective, but also specifically targeted and killed journalists and their family members. The use of indiscriminate weaponry is prima facie evidence that the attacks are inherently unlawful and constitute war crimes considering the small size and density of Gaza and the lack of natural or man-made shelters, it was inevitable that a disproportionate number of Palestinian civilians would be killed and maimed by Israel’s attacks. Not distinguishing between military objectives and civilians’ targets are illegal, even when based on military necessity, see Articles 8(2)(iv), 8(2)(b)(i), Rome Statute.
According to UN experts, Israel’s military operation in Gaza, in the aftermath of the the 7th of October attack by Hamas, has become the deadliest, most dangerous conflict for journalists in recent history. “We are alarmed at the extraordinarily high numbers of journalists and media workers who have been killed, attacked, injured and detained in the Occupied Palestinian Territory, particularly in Gaza, in recent months blatantly disregarding international law, We condemn all killings, threats and attacks on journalists and call on all parties to the conflict to protect them,” the experts said.
The UN highlighted the case of Al-Jazeera journalist, Wael al- Dahdouh, who lost his wife, two children, son and a grandson as a result of Israeli bombing, endured a drone attack himself that killed his cameraman. ‘’ Rarely have journalists paid such a heavy price for just doing their job as those in Gaza now’’.
‘’ We have received disturbing reports that, despite being clearly identifiable in jackets and helmets marked ‘’ press’’ or traveling in well-marked press vehicles, journalist have come under attack, which would seem to indicate that the killings, injury, and detention are a deliberate strategy by Israeli forces to obstruct the media and silence critical reporting. We further urge the parties to the conflict to allow for and ensure prompt, independent and impartial investigations into every killing of journalists in accordance with international standards, in particular the United Nations Minnesota Protocol on the investigation of potentially unlawful death’’ The Un expert said.
‘’ In closing, we urge the International Court of Justice and the International Criminal Court to give particular attention to the dangerous pattern of attacks and impunity for crimes against journalists, which has intensified since October 7. Targeting and killing of journalists in the Occupied Palestinian territory must stop.’’ The UN expert added.
Israel’s assault on Gaza has swiftly become the deadliest for journalists covering conflict zones since 1992. No other war in the twenty-first century has been so lethal for journalists.
The Israeli Military had told international news organizations Reuters and Agency France Presse on the 27th of October that it could not guarantee the safety of journalists operating in Gaza.
Shireen Abu Aqleh was a ‘’civilian’’ journalist shot in Jenin in the Palestinian Territories on the 11th of May 2022. Israeli authorities argued that it was not possible to determine whether or not she was killed by indiscriminate shooting by a Palestinian gunman or by a soldier from the Israeli Defence Force. A United Nations investigation found that she had been targeted by the Israeli Defence Force.
The Israeli forces also bombed a tower block in Gaza City housing the offices of the Associated Press and Al Jazeera on the 15th of May 2021. The Committee to protect journalists asserted that the bombing ‘’ raises the specter that the Israeli Defense Force is deliberately targeting media facilities in order to disrupt coverage of human suffering.’’ A consequence of this strategy could be a ‘’chilling effect’’ to discourage journalists from reporting and is contrary to International Human Rights Law.
According to Reporters without Borders, Israeli attacks have completely or partially destroyed more than 50 media offices as of the 28th of October 2023. According to AFP and Reuters, during a ground military operation in northern Gaza on the 28th of October, the Israeli army imposed a media blackout, citing an inability to ‘’ ensure the projection of their journalists in Gaza’’.
The current military offensive in Palestine is taking place in the context of a settler colonial apartheid regime. Within this broader legal framework, Israel’s attacks on journalist amount to inhumane acts denying ‘’the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association.’’
The Indiscriminate targeting of journalists also amounts to breaches of article 147 of the fourth Geneva Convention, which prohibits murder of all kinds and willful killing of protected persons respectively.
Several reports by Human Rights and media organizations indicate that the IDF strikes in southern Lebanon on the 11th of October 2023 that killed Reuters journalist Issam Abdallah and injured six other journalists from Reuters, Al Jazeera and Agency France- Presse were unlawful and deliberate.
On the 31st of October 2023, Reporters Without Borders filed a complaint with the International Criminal Court, arguing that the scale, seriousness, and repeated nature of Israel’s attacks on Palestinian journalists in Gaza fall within the scope of war crimes and require an investigation. This is the third complaint the organization has filed regarding war crimes against Palestinian journalists in Gaza during the last six years. The first was in May 2018 during the Great March of Return, while the second came in May 2021 after Israeli air strikes targeted more than twenty media outlets in the Gaza strip. Reporters Without Borders also supported Al Jazeera’s complaint regarding the killing of Shireen Abu Akleh in the West Bank on the 11th of May 2022. This is not the first time journalists have fallen victim to the IDF, while covering the conflict in Palestine. However, the scale of journalist casualties this time is extremely shocking, portraying a tragic reality.
A video dated the 25th of October 2023, shows that an Israeli attack targeted a house in southern Gaza and killed the wife and two children of Al Jazeera correspondent Wael al Dahdouh. The journalist was reporting Israeli strikes live, when he received the news of his family’s death. Another video dated the 4th of November 2023 shows the tearful farewell to journalist Mohammed Abu Hatab who along with his 11 family members was killed when Israel bombed their house. A video dated the 12th of November 2023 demonstrates how Ameera Hamouda shared her firsthand experience of living in Gaza under Israeli bombardment, because of which civilians were killed without warning and accuses Tel Aviv of committing genocide in the besieged enclave. On the 4th of December 2023 the next video shows Israeli tanks opening fire on journalists like Motaz Azaiza. A video dated the 15th of December 2023 reveals an Al Jazeera cameraman had been killed in an Israeli attack in southern Gaza after he was injured and had bled for six hours. Samer Abudaqa was reporting on an attack on a school in Khan Younis with colleague Wael when they were both injured in the attack. His colleague Dahdouh was injured in the attack. Samer could not be saved because the ambulance was stopped by Israeli soldiers.
On the 29th of January 2024, The Committee to Protect Journalists (hereafter CPJ) mentions that the Israel-Gaza war has taken a severe toll on journalists since Israel declared. CPJ is investigating all reports of journalists and media workers killed, injured, or missing in the war and its preliminary investigations showed at least 83 journalists and media workers were among the more than 27.000 Palestinian deaths in Gaza, 16 journalists were reported injured, 3 journalists were reported missing and 25 journalists were reported arrested. It further reports that journalists in Gaza face particularly high risks during their covering of the conflict due to the Israeli ground assault, including devastating Israeli airstrikes. CPJ also emphasized that journalists are civilians doing important work during times of crisis and must not be targeted by warring parties. It reports an updated list on its website with names of journalists and media workers who are reported killed, missing or injured. The names of the journalists and media workers who are mentioned on the list are in the following paragraph
The following journalists that have been killed since the 7th of October 2023, are Ibrahium Oanan (7th of October 2023), a correspondent for Al-Ghad channel, who was injured by shrapnel in the city of Khan Yunis in the southern Gaza Strip, according to MADA and JSC.
Shai Regev (7th of October 2023), who served as an editor for TMI, the gossip and entertainment news section of the Hebrew-language daily newspaper Maariv, was killed during a Hamas attack on the Supernova music festival in southern Israel. Regev’s death was confirmed after she was reported missing for six days.
Ayelet Arnin (7th of October 2023), 22-year-old news editor with the Israel Broadcasting Corporation Kan, Arnin was killed during a Hamas attack on the Supernova music festival in southern Israel. Yaniv Zohar (7th of October 2023), an Israeli photographer working for the Hebrew-language daily newspaper Israel Hayom, was killed during a Hamas attack on Kibbutz Nahal Oz in southern Israel, along with his wife and two daughters. Israel Hayom’s editor-in-chief Omer Lachmanovitch told CPJ that Zohar was working on that day. Mohammad Al-Salhi (7th of October 2023), a photojournalist working for the Fourth Authority news agency, was shot dead near a Palestinian refugee camp in the central Gaza Strip. Mohammad Jarghoun (7th of October 2023) a journalist with Smart Media, was shot while reporting on the conflict in an area to the east of Rafah city in the southern Gaza Strip. Ibrahim Mohammad Lafi (7th of October 2023), a photographer for Ain Media, was shot and killed at the Gaza Strip’s Erez Crossing into Israel. Assaad Shamlakh (8th of October 2023), a freelance journalist, was killed along with nine members of his family in an Israeli airstrike on their home in Sheikh Ijlin, a neighborhood in the southern Gaza Strip. Hisham Alnwajha (10th of October 2023), a journalist with Khabar news agency, was injured when Israeli warplanes struck an area housing several media outlets in Gaza City’s Rimal district. He died of his injuries later that day.
Mohammed Sobh (10th of October 2023), a photographer from Khabar news agency, was killed when Israeli warplanes struck an area housing several media outlets in Gaza City’s Rimal district. Hisham Alnwajha (10th of October 2023), a journalist with Khabar news agency, was injured when Israeli warplanes struck an area housing several media outlets in Gaza City’s Rimal district. Said al-Taweel (10th of October 2023), editor-in-chief of the Al-Khamsa News website, was killed when Israeli warplanes struck an area housing several media outlets in Gaza City’s Rimal district.
Mohamed Fayex Abu Matar (11th of October 2023), a freelance photojournalist, was killed during an Israeli airstrike in Rafah city in the southern Gaza Strip. Ahmed Shehab (12th of October 2023), a freelance journalist, was confirmed on this date. Mema held the position of head of the Women Journalists Committee at the Palestinian Media Assembly, an organization committed to advancing media work for Palestinian journalists. Her body was recovered from the rubble three days after her home in the Jabalia refugee camp, situated in the northern Gaza Strip, was hit by an Israeli airstrike on the 10th of October 2023.
Husam Mubarek (13th of October 2023), a journalist for the Hamas-affiliated Al Aqsa Radio, was killed in an Israeli airstrike in the northern Gaza Strip. Salam Mema (13th of October 2023), a freelance journalist held the position of head of the Women Journalists Committee at the Palestinian Media Assembly, an organization committed to advancing media work for Palestinian journalists. Her body was recovered from the rubble three days after her home in the Jabalia refugee camp, situated in the northern Gaza Strip, was hit by an Israeli airstrike on October 10. Issam Abdallah (13th of October 2023), Abdallah, a Beirut-based videographer for the Reuters news agency, was killed near the Lebanon border by shelling coming from the direction of Israel. Abdallah and several other journalists were covering the back-and-forth shelling near Alma Al-Shaab in southern Lebanon between Israeli forces and Lebanon’s militant Hezbollah group. Yousef Maher Dawas (14th October 2023), a contributing writer for Palestine Chronicle and a writer for We Are Not Numbers (WANN), a youth-led Palestinian nonprofit project, was killed in an Israeli missile strike on his family’s home in the northern Gaza Strip town of Beit Lahia. Abdulhadi Habib (16th of October 2023), a journalist who worked for Al-Manara News Agency and HQ News Agency, Habib was killed along with several of his family members when a missile strike hit his house near the Zeitoun neighborhood, south of Gaza City.
Issam Bhar (17th of October 2023), a journalist and director for the Hamas-affiliated Al-Aqsa TV, Al-Nady was killed in an Israeli airstrike in the Gaza Strip. Mohammad Baloushaa (17th of October 2023), a journalist and the administrative and financial manager of the local media channel “Palestine Today” office in Gaza, was killed in an Israeli airstrike on the Al-Saftawi neighborhood in northern Gaza. Sameen Al-Nady (18th of October 2023), a journalist and director for the Hamas-affiliated Al-Aqsa TV, Al-Nady was killed in an Israeli airstrike in the Gaza Strip.
Khalil Abu Aathra (19th of October 2023). Roee Idan (20th of 2023), Israeli journalist Idan was declared dead after his body was recovered. Idan, a photographer for the Israeli newspaper Ynet, was initially reported missing when his wife and daughter were killed in a Hamas attack on the 7th of October 2023 on Kibbutz Kfar Aza. CPJ confirmed that he was working on the day of the attack. Mohammed Ali (20th of October 2023), a journalist from Al-Shabab Radio (Youth Radio), Ali was killed in an Israeli airstrike in the northern Gaza Strip. Roshdi Sarraj (22nd of October 2023), a journalist and co-founder of Ain Media, a Palestinian company specializing in professional media services, Sarraj was killed in an Israeli airstrike in the Gaza Strip, according to the Palestinian Authority’s official news agency Wafa and Sky News. Mohammed Imad Labad (23rd of October 2023), a journalist for the Al Resalah news website, Labad was killed in an Israeli airstrike on the Sheikh Radwan neighborhood in Gaza City, according to RT Arabic and the Palestinian Authority’s official news agency Wafa. Jamal Al-Faqaawi (25th of October 2023), a Palestinian journalist for the Islamic Jihad-affiliated Mithaq Media Foundation, was killed in an Israeli airstrike on his home in Khan Yunis in southern Gaza. Saed Al-Halabi (25th of October 2023), a journalist for the Hamas-affiliated Al-Aqsa TV, was killed in an Israeli airstrike in the Jabalia refugee camp in the northern Gaza Strip, according to the Palestinian Journalists’ Syndicate, the Palestinian press freedom group MADA, and Al-Jazeera. Ahmed Abu Mhadi (25th of October 2023), a journalist for the Hamas-affiliated Al-Aqsa TV, Mhadi was killed in an Israeli airstrike in the Gaza Strip. Duaa Sharaf (26th of October 2023), Palestinian journalist Sharaf, host for the Hamas-affiliated Radio Al-Aqsa, was killed with her child in a strike on her home in the Yarmouk neighborhood in Gaza. Yasser Abu Namous (27th of October 2023), Palestinian journalist Yasser Abu Namous of Al-Sahel media organization was killed in a strike on his family home in Khan Yunis, Gaza, according to the Palestinian Authority’s official news agency Wafa, Al-Jazeera, and the Hamas-affiliated Al-Quds network.
Nazmi Al-Nadim (30th of October 2023), a deputy director of finance and administration for Palestine TV, was killed with members of his family in a strike on his home in Zeitoun area, eastern Gaza, according to the Palestinian Authority’s official news agency Wafa and Egypt’s state-run Middle East News Agency. Imad Al-Wahidi (31st of October 2023), a media worker and administrator for the Palestinian Authority-run Palestine TV channel, Al-Wahidi was killed with his family members in an Israeli airstrike in the Gaza Strip. Majed Kashko (31st of October 2023), a media worker and the office director of the Palestinian Authority-run Palestine TV channel, was killed with his family members in an Israeli airstrike in the Gaza Strip. Majd Fadl Arandas (1st of November 2023), member of the Palestinian Journalists’ Syndicate who worked for the news website Al-Jamaheer, Arandas was killed in an Israeli airstrike in the Nuseirat refugee camp in the Gaza Strip. Iyad Matar (1st of November 2023), a journalist working for the Hamas-affiliated Al-Aqsa TV, was killed along with his mother in an Israeli airstrike in the Gaza Strip. Mohammed Abu Hatab (2nd of November 2023), a journalist and correspondent for the Palestinian Authority-funded broadcaster Palestine TV, Abu Hatab was killed along with 11 members of his family in an Israeli airstrike on their home in Khan Yunis, southern Gaza Strip. Mohamad Al-Bayyari (2nd of November 2023) a Palestinian journalist with the Hamas affiliated Al-Aqsa TV channel, was killed in an Israeli airstrike on Gaza City.
Mohamed Al Jaja (5th of November 2023), was a media worker and the organizational development consultant at Press House-Palestine, which owns Sawa news agency in Gaza and promotes press freedom and independent media. He was killed in a strike on his home along with his wife and two daughters in the Al-Naser neighborhood in northern Gaza. Mohamed Abu Hassira (7th of November 2023) a journalist for the Palestinian Authority-run Wafa news agency, was killed in a strike on his home in Gaza along with 42 family members. Yahya Abu Manih (7th of November 2023) a journalist with Hamas-affiliated Al-Aqsa radio channel, Abu Manih was killed in a strike in the Gaza strip.
Ahmed Al-Qara (10th of November 2023) a photojournalist who worked for Al-Aqsa University and was also a freelancer, was killed in a strike at the entrance of Khuza’a town, east of the southern city of Khan Yunis. Yaacoub Al-Barsh (13th of November 2023), executive director of the local Namaa Radio, was killed after sustaining injuries on November 12 from an Israeli airstrike on his home in northern Gaza, according to the Beirut-based press freedom group SKeyes, the Ramallah-based Palestinian news network SHFA, and the Palestinian press freedom group MADA. Ahmed Fatima (13th of November 2023) a photographer for the Egypt-based Al Qahera News TV and a media worker with Press House-Palestine, Fatima was killed in a strike in Gaza. Mossab Ashour (18th of November 2023) a Palestinian photographer, was killed during an attack on the Nuseirat refugee camp in the Gaza Strip but his death was not reported until the 18th of November, soon after his body was discovered.
Amro Salah Abu Hayah (18th of November 2023) a Palestinian media worker in the broadcast department of the Hamas-affiliated Al-Aqsa TV channel, Abu Hayah was killed in a strike in Gaza, according to the Amman-based news outlet Roya News and the Palestinian Journalists’ Syndicate. Mostafa El Sawaf (18th of November 2023), a Palestinian writer and analyst who contributed to the local news website MSDR News, was killed in an Israeli airstrike on his home along with his wife and two of his sons in Shawa Square, Gaza City. Hassouneh Salim (18th of November 2023) a Palestinian freelance photojournalist, was killed in an Israeli airstrike on the Bureij refugee camp in central Gaza, along with his colleague and friend Sari Mansour, according to the Amman-based news outlet Roya News, Al-Jazeera, and the Palestinian Journalists’ Syndicate. Abdelhalim Awad, Sari Mansour (18th of November 2023), a Palestinian media worker and driver for the Hamas-affiliated Al-Aqsa TV, Awad was killed in a strike on his home in the Gaza Strip. Awad had been working full-time since the beginning of the war in Khan Yunis and had left to visit his family last week, his colleague Ziad AlMokayyed told CPJ via messaging app.
Bilal Jadallah (19th of November 2023) director of Press House-Palestine, a non-profit which supports the development of independent Palestinian media, was killed in his car in Gaza in an Israeli airstrike. Ayat Khadoura (20th of November2023) a Palestinian freelance journalist and podcast presenter, was killed along with an unknown number of family members in an Israeli airstrike on her home in Beit Lahya in northern Gaza, according to the Beirut-based press freedom group SKeyes, the news website Arabi 21, and London-based Al-Ghad TV. Khadoura shared videos on social media about the situation in Gaza, including a November 6 video, which she called “my last message to the world” where she said, “We had big dreams but our dream now is to be killed in one piece so they know who we are.”
Rabih Al Maamari (21st of November 2023) a Lebanese cameraperson for the Hezbollah-affiliated Al-Mayadeen TV channel, was killed by an Israeli strike in the Tayr Harfa area in southern Lebanon, close to the border with Israel, along with his colleague Farah Omar. Farah Omar (21st of November 2023), a Lebanese reporter for the Hezbollah-affiliated Al-Mayadeen TV channel, was killed by an Israeli strike in the Tayr Harfa area in southern Lebanon, close to the border with Israel. She was reporting on escalating hostilities across the Lebanese-Israeli border and gave a live update an hour before her death.
Mohamed Nabil Al-Zaq (22nd of November 2023) a Palestinian journalist and a social media manager for the Hamas-affiliated Al-Quds TV, was killed in an Israeli airstrike on Shejaiya in northern Gaza. Mohamed Mouin Ayyash (23rd of November 2023), a Palestinian journalist and a freelance photographer, was killed in an Israeli airstrike on his home in Nuseirat refugee camp in central Gaza, along with 20 members of his family. Mostafa Bakeer (24th of November 2023) a Palestinian journalist and cameraperson for the Hamas-affiliated Al-Aqsa TV, was killed in an Israeli airstrike in Rafah, southern Gaza. Adham Hassouna (1st of December 2023) a Palestinian freelance journalist and media professor at Gaza and Al-Aqsa universities, was killed, along with several family members in an Israeli airstrike in Gaza City, according to the Ramallah-based Palestinian news network SHF, the Beirut-based press freedom group SKeyes, and the Palestinian Journalists’ Syndicate.
Montaser Al-Swawaf (1st of December 2023) a Palestinian cameraman for Anadolu news agency, was killed in Israeli airstrikes in the Gaza Strip. Abdullah Darwish (1st of December 2023) a Palestinian cameraman for the Hamas-affiliated Al-Aqsa TV, Darwish was killed in an Israeli airstrike in the Gaza Strip. Shaima El-Gazzar (3rd of December 2023), a Palestinian journalist for Al-Majedat network, El-Gazzar was killed along with her family members in an Israeli airstrike on Rafah city, southern Gaza. Hassan Farajallah (3rd of December 2023) who held a senior position with the Hamas-affiliated Al-Quds TV, was killed by Israeli bombardment in the Gaza Strip. Ola Atallah (December 9, 2023) a Palestinian freelance journalist who contributed to multiple media outlets, was killed in an Israeli airstrike on the house in which she and her family were taking refuge, in the El-Daraj area of Gaza City, northern Gaza. Those sources said that Atallah was killed with nine members of her family, including her brother and her uncles. On the 27th of November, Atallah wrote an article for the Al-Morasel website about life in Gaza during the war, describing the destruction and damage to her neighborhood and city. Atallah worked as a reporter for Anadolu news agency until 2017. Atallah was well-known on social media, and her last tweet on the 8th of December asked, “How many more nights of terror and death does Gaza have to count?”
Duaa Jabbour (9th of December 2023) a Palestinian freelance journalist who worked with the local website Eyes Media Network, was killed in an Israeli airstrike on her home along with her husband and children in Khan Yunis, southern Gaza. In her last Facebook post, Jabbour wrote: “To survive everyday is exhausting.” Samer Abu Daqqa (15th of December 2023) was reporting on an attack on a school in Khan Younis with colleague Wael when they were both injured in the attack. His colleague Dahdouh was injured in the attack. Samer could not be saved because the ambulance was stopped by Israeli soldiers.
Haneen Kashtan (17th of December 2023) a Palestinian journalist who contributed to multiple media outlets including the local Fatah-affiliated Al-Kofiya TV and the local privately owned Baladna TV, was killed in an Israeli airstrike on Nuseirat refugee camp in northern Gaza, along with other family members. Assem Kamal Moussa (17th of December 2023), a Palestinian journalist who produced visual and written news reports for the local privately owned news website Palestine Now, was killed in an Israeli airstrike on Khan Yunis, southern Gaza, according to his outlet, Lebanon’s Hezbollah-affiliated broadcaster Al-Mayadeen, and the Hamas-affiliated Al-Aqsa radio channel.
Abdallah Alwan (18th of December 2023) a Palestinian media worker and voice-over specialist who contributed to multiple media outlets including the Al-Jazeera owned platform Midan, Mugtama magazine, and Al-Jazeera, and was a radio host for the Islamic University’s Holy Quran Radio, was killed in an Israeli airstrike on his home in Jabalia, according to his outlet Midan, the Hamas-affiliated Al-Aqsa Radio, the local Palestinian newspaper Al-Hadath, and Amman-based Roya TV. In his last Facebook post on the 17th of December, Alwan wrote that “On every morning, we say that last night was the worst night in the war. All days are worse than each other. This briefly describes the war.” On the 30th of November, Alwan posted photos of damage to his home by Israeli bombing, saying two of his nieces were killed in the strikes.
Adel Zorob (19th of December 2023 December) a Palestinian freelance journalist who worked with multiple media outlets was killed in an Israeli airstrike on his home in Rafah, southern Gaza, along with 25 family members. Zorob posted Gaza war news on his Facebook page and on WhatsApp news groups. The last news message was sent directly before his death, according to a WhatsApp screenshot CPJ viewed. The Zorob family were among the few Palestinians in Gaza who remained in their own homes in a war that has displaced some 1.9 million people — more than 80% of the territory’s population. Mohamed Khalifeh (December 22, 2023) a media worker and director at the Hamas-affiliated Al-Aqsa TV channel was killed in an Israeli airstrike on his home in Nuseirat refugee camp in central Gaza, along his wife and three of his children. Mohamed Naser Abu Huwaidi (December 22, 2023), Abu Huwaidi, a 29-year-old Palestinian journalist working for the privately owned Al-Istiklal newspaper, was killed in an Israeli airstrike on the Shajaiah area in northern Gaza while covering the aftermath of the airstrikes, according to the Palestinian Journalists’ Syndicate, the Qatar-funded London-based pan Arab newspaper Al-Araby Al-Jadeed, the Beirut-based press freedom group SKeyes, and the Cairo-based independent website Daaarb. Ahmad Jamal Al Madhoun (December 24, 2023) a Palestinian journalist and deputy director of the Hamas government-owned local newspaper and news agency Al-Rai and the director of visual content at the agency, was killed in an Israeli airstrike on northern Gaza. Mohamed Azzaytouniyah (December 24, 2023) a Palestinian media worker and a sound engineer for the Hamas government-owned local radio Al-Rai was killed in Israeli airstrikes on Gaza City, northern Gaza, along with an unspecified number of family members including his father. His cousin, journalist Mohamad Al-Iff, was killed in the same strikes.
Mohamad Al-Iff (December 24, 2023) a Palestinian journalist and photographer for the Hamas government-owned local newspaper and news agency Al-Rai, was killed in Israeli airstrikes on Gaza City, northern Gaza, along with an unspecified number of family members, according to the Beirut-based press freedom group SKeyes, the Qatar-funded London-based pan Arab newspaper Al-Araby Al-Jadeed, and the Hamas-affiliated Quds Network. Al-Iff’s cousin, journalist Mohamed Azzaytouniyah, was killed in the same strikes, according to a tweet by Al-Iff’s cousin Hammam.
Mohamed Khaireddinge and Ahmed Khaireddine (December 28, 2023) a Palestinian journalist who worked for the Hamas-affiliated Al-Aqsa TV, was killed in an Israeli airstrike on his family home in Beit Lahiya, northern Gaza, along with 12 family members, including his nephew Ahmed Khaireddine. Jabr Abu Hadrous (December 29, 2023), a Palestinian journalist and a reporter for the Hamas-affiliated Quds Al-Youm broadcaster, was killed in an Israeli airstrike on his home in Nuseirat refugee camp, northern Gaza, along with seven members of his family. Akram El Shafie (January 5, 2024) a Palestinian journalist working as a reporter and editor for the Palestinian press agency Safa died after sustaining injuries months before on October 30, from an Israeli bullet. PJS said in a statement that ElShafie required medical attention after sustaining the life-threatening injury, and that it submitted a request to evacuate the journalists from Gaza for that purpose, but it was declined by Israel. The syndicate also stated that 25 journalists in Gaza were injured and require immediate medical attention. Safa said that ElShafie, 53, was injured badly by Israeli bullets when he was on his way to check up on his house and that he spent the last two months in hospitals. It added that ElShafie started working with Safa in 2019, and that the last report he wrote was about the cooperation and solidarity between Gazan refugees in the war.
Hamza el Dahdouh and Mustafa Thuraya (January 7, 2024), a Palestinian journalist and camera operator for Al-Jazeera, and the son of Al-Jazeera Gaza bureau chief Wael Al Dahdouh, was killed in an Israeli drone strike along with freelance journalist Mustafa Thuraya, according to Al-Jazeera Arabic. They were driving to an assignment in southern Gaza when the strike occurred. Ahmed Bdeir (January 10, 2024), a Palestinian journalist working for the local news website Bawabat al-Hadaf was killed in an Israeli airstrike in Khan Yunis, close to the Aqsa Martyrs hospital. Bdeir was standing in front of the journalists’ tent at the hospital gate and died when a shrapnel hit him.
Mohamed Jamal Sohbi Al-Thalathini (January 11, 2024), a Palestinian journalist who worked for the Hamas-affiliated Al-Quds Al-Youm broadcaster, was killed in an Israeli airstrike on his home in south Gaza. Yazan al-Zuweidi (January 14, 2024), a Palestinian journalist and camera operator for the privately owned Cairo-based broadcaster Al-Ghad, was killed, along with his brother and cousin, in an Israeli airstrike on Beit Hanoun in northern Gaza while al-Zuweidi was on his way to see what happened to his home in the aftermath of heavy bombing. Al-Zuweidi, 27, had been working with Al-Ghad for six years, and covered the war and various other events in Gaza, according to the broadcaster. Al-Ghad said that Al-Zuweidi didn’t stop reporting on the ongoing war; he kept filming from northern Gaza and sending footage to the channel after it was impossible for him to evacuate south to Rafah.
Iyad El-Ruwagh (January 25, 2024), a Palestinian journalist who worked as a host for the Hamas-affiliated Al-Aqsa Voice Radio, was killed in an Israeli airstrike on Nuseirat camp in northern Gaza, along with four of his children, according to multiple media reports, a tweet by his outlet, the Palestinian Journalists’ Syndicate, and the Beirut-based press freedom group SKeyes. El-Ruwagh was buried on January 26, according to Al-Jazeera. Prior to his death, he posted on Facebook about his family’s dire conditions, asking for someone who was leaving Gaza to take his toddler to his wife, who fled to Sinai, Egypt, with his son Mohamed following a previous airstrike that severely injured him. After El-Ruwagh’s death, his wife published Facebook posts about him and her slain children: Loay, Nada, Yazan, and the toddler, Ahmed.
Mohammed Atallah (January 29, 2024), a 24-year-old Palestinian editor for the local Al-Resalah news website and a writer for the regional independent website Raseef22, was killed in an Israeli airstrike on Beach refugee camp in northern Gaza City, along with an unidentified number of family members. Rizq Al-Gharabli (February 6, 2024), a 40-year-old director of the Hamas affiliated Palestinian Information Center, was killed in an Israeli airstrike on his family’s home in Khan Yunis, according to = media reports, the Palestinian Information Center, SKeyes, and Wafa. The Palestinian Information Center said that Al-Gharabli was its Gaza office director since 2015, and worked as a writer and editor until his death.
Nafez Abdel Jawad (February 8, 2024), a Palestinian director for the official Palestine Television station, Palestine TV, was killed along with his son in an Israeli missile strike on the house they were staying in Deir al-Balah in the central Gaza Strip. Additionally, the missile killed 14 people, including 5 children. Responding to an inquiry from CNN on the killing of Abdel Jawad, the Israel Defense Forces (IDF) stated that it “takes all operationally feasible measures to mitigate harm to civilians, including journalists. The IDF has never, and will never, deliberately target journalists.” They added that they are not aware of any strikes at these coordinates.
Yasser Mamdouh El-Fady (February 11, 2024), a 40-year-old journalist for the Islamic Jihad affiliated Kan’an news agency, was killed by an Israeli sniper at the Nasser Hospital in Khan Yunis. Angam Ahmad Edwan (February 12, 2024), a Palestinian journalist who worked for the Libyan TV channel February, was killed in an Israeli airstrike on her home in Jabalia city, northern Gaza Strip. Alaa Al-Hams (February 12, 2024), a 35-year-old Palestinian journalist for the local Palestinian News Agency SND succumbed to her injuries after being seriously wounded in an Israeli airstrike on her family house in Rafah city, southern Gaza Strip, which resulted in the tragic loss of ten members of her family on December 2, 2023. Zayd Abu Zayed (February 15, 2024), a 35-year-old director of the local Quran Radio channel, which is owned by the Islamic University in Gaza, was killed in an Israeli airstrike on Al-Nuseirat camp in central Gaza.
Mohamed Yaghi (February 23, 2024), a 30-year-old freelance photojournalist who worked with multiple media outlets, including Al-Jazeera, was killed in an Israeli airstrike on Az-Zawayda town in Der El-Balah, central Gaza, along with 36 family members, including his wife and daughter. Muhammad Salama (March 5, 2024), a Palestinian journalist who worked as a host for the Hamas affiliated Al-Aqsa TV channel, was killed with his family in an Israeli airstrike on his home in Deir al-Balah, central Gaza. The next journalists who are injured are in the first place, Dylan Collings (October 13, 2023), a video journalist for AFP, was also injured in the southern Lebanon shelling.
Christina Assi (October 13, 2023), a photographer for the French news agency Agence France-Press (AFP), was injured in that same attack on southern Lebanon. Carmen Joukhader (October 13, 2023). Elie Brakya (October 13, 2023), an Al-Jazeera TV staff member, was injured as well in the southern Lebanon shelling, Al-Jazeera TV said. Thaer Al-Sudani (October 13 2023), a journalist for Reuters, was injured in the same attack that killed Abdallah near the border in southern Lebanon, Reuters said. Maher Nazeh (October 13 2023), a journalist for Reuters, was also injured in the same southern Lebanon attack. The journalist who are still missing are: Oded Lifschitz (October 7, 2023), a lifelong Israeli journalist who wrote for Al-Hamishmar for many years and was also a Haaretz contributor, was reported missing from Kibbutz Nir Oz in southern Israel. Oded’s wife was one of the two hostages released by Hamas on October 24, 2023. Nidal Al-Wahidi (October 7, 2023), a Palestinian photographer from the Al-Najah channel, Al-Wahidi was reported missing by MADA. Later, Al-Wahidi’s family informed the media that the journalist had been detained by the Israeli army. Haitham Abdelwahid (October 7, 2023), a Palestinian photographer from the Ain Media agency, Abdelwahid was also reported missing by MADA. Issam Mawass (November 13 2023), videographer Mawassi was injured after two Israeli missiles struck near journalists in Yaroun in southern Lebanon covering clashes, which also resulted in damage to the journalists’ cars in the area. CPJ reached out to Mawassi via a messaging app but didn’t receive any response.
Mohammed El Sawwaf (November 18, 2023) an award-winning Palestinian film producer and director who founded the Gaza-based Alef Multimedia production company, was injured in an Israeli airstrike on his home in Shawa Square in Gaza City. The airstrike killed 30 members of his family, including his mother and his father, Mostafa Al Sawaf, who was also a journalist.
Montaser El Sawaf (November 18, 2023) a Palestinian freelance photographer contributing to Anadolu Agency, was injured in the same Israeli airstrike that injured his brother, Mohammed El Sawwaf and killed their parents and 28 other family members. Mustafa Alhharouf (December 15, 2023), a photographer with the Turkish state-owned Anadolu Agency, was covering Friday prayers near Al-Aqsa Mosque in East Jerusalem on December 15 when a group of Israeli police and soldiers attacked him. Soldiers initially brandished their weapons at Alkharouf, punched him, and then threw him to the ground, kicking him. Alkharouf sustained severe blows, resulting in injuries to his face and body, and was transported by ambulance and treated at Makassed Hospital in East Jerusalem.
Waad Al Dahdouh (December 15, 2023), the Gaza bureau chief for Al-Jazeera, Al Dahdouh was injured by a drone strike while covering the aftermath of nightly Israeli strikes on a UN school sheltering displaced people in the center of Khan Yunis, southern Gaza. Dahdouh was hit with shrapnel in his hand and waist and treated at Nasser Hospital in Khan Yunis. His colleague, camera operator Samer Abu Daqqa, was killed in the same strike.
Mohamed Balousha (December 16, 2023), a reporter for the Emirati-owned Dubai-based Al Mashahd TV, was shot in the thigh while reporting on the war from northern Gaza on December 16, 2023. Balousha said in a video about his injury that he lost consciousness for about 30 minutes after “six hours of agony” and was roused by the nuzzling of cats he was feeding before the shooting. Al Mashhad said that Israeli forces intercepted the ambulances sent to evacuate him, delaying his transfer to a hospital for treatment. In late November, Balousha broke a story that four premature babies left behind at al-Nasr Children’s Hospital died and their bodies had decomposed after Israel forced the staff to evacuate without ambulances. Balousha accused Israel of directly targeting him. “I was wearing everything to prove that I was a journalist, but they deliberately targeted me, and now I am struggling to get the treatment necessary to preserve my life,”.
Mohamed Ahmed (December 19, 2023) a Palestinian reporter for the Hamas-affiliated Shehab agency and photographer for the Hamas-affiliated Al-Aqsa channel, was injured in the left thigh in an Israeli airstrike on Block 2 of the Jabalia refugee camp, northern Gaza, on December 19, 2023. His colleague Islam Bader (December 19, 2023) was injured in the same strike. An Palestinian reporter and presenter for the Hamas-affiliated Al-Aqsa channel, and a contributor to multiple media outlets including the Qatari-funded Al-Araby TV, was injured in the right shoulder and hip in an Israeli airstrike on Block 2 of the Jabalia refugee camp, northern Gaza, on December 19. The next video posted by Al-Jazeera shows the two journalists being treated in Jabalia medical center right after their injury. Another video posted by the local Palestine Post website shows Bader and Ahmed lying on the floor of the medical center frowning in pain. His colleague Mohamed Ahmed was injured in the same strike. A video posted by Al-Jazeera shows the two journalists being treated in Jabalia medical center after the attack. Another video posted by the local Palestine Post website shows Bader and Ahmed lying on the floor of the medical center frowning in pain.
Khader Marquez (December 23, 2023), a cameraman for Lebanon’s Hezbollah-owned TV channel Al-Manar was injured after shrapnel from an Israeli missile hit his car on the Khardali road of south Lebanon, injuring his left eye, according to Al-Manar correspondent Ali Shoeib, who was with Marquez, posted about the incident on social media, and spoke to the privately-owned Beirut-based Al-Jadeed TV. The incident also was reported by the privately owned Lebanese Annahar newspaper, the Beirut based press freedom group SKeyes, the National News Agency, and multiple news reports.
Attacks on family members of journalists Various' newspapers reported that deadly strikes hit homes of journalists and news photographers. On October 26, 2023 Al Jazeera reported that Wael’s Dahdouhs’, the Al Jazeera bureau chief in Gaza, lost his wife son, daughter and grandchild in an Israeli air strike. On November 2, 2023 an Israeli airstrike claimed the life of journalist Mohammed Abu Hatab, a Palestine TV correspondent, along with 11 members of his family in their Khan Younis home in southern Gaza. On November 20, 2023 Reuters wrote that there were deadly strikes hitting the home of a news photographer days after an Israeli media advocacy group questioned his coverage of Hamas’ October 7th. Yasser Qudih, who survived the strikes on the night of November 13th, 2023 said that four projectiles hit his house, killing eight of his family members. The attack was five days after November 8, 2023 report by HonestReporting.
On December 4, 2023 CNN World reported that nine relatives of CNN producer Ibrahim Dahman’s were killed in a strike on his aunt’s house and that his childhood home in Gaza City was obliterated in a separate strike on the same day. On December 6, 2023 Aljazeera corresponded that an Al Jazeera employee had lost 22 members of his family in an Israeli air attack on the home in which they were sheltering in the Gaza Strip. The family members of Moamen Al Sharafi, a correspondent for Al Jazeera, were killed early on Wednesday at Jabalia refugee camp in northern Gaza. The journalist Ahmad Matter was injured by the IDF force. He needs to be transferred abroad to have advanced medical attention and have an implant to his skill.
Article 8 (2) (b) (v) Rome Statute, attacking or bombing by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives
Article 8 (2) (b) (v)Rome Statute of the International Criminal Court classifies attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives. The following examples show attacks on several refugee camps in Gaza which lead to breach of the Rome Statute.
Refugee camps
The following examples show unlawful attacks on refugee camps, destruction of infrastructure of Gaza and changing the demographic of Gaza. Furthermore, the Human Right Organization (UN) stated that the airstrike by Israel on Jabalia refugee camp is a possible violation of human rights, because the disproportionate attacks constitute war crimes.On the 18th of October 2023, drone footage shows the Nuseirat refugee camp in Gaza. The video shows a bakery that was completely destroyed after being hit by an Israeli airstrike along with other buildings. This bakery served thousands of civilians before its destruction. On the 26th of October 2023 another camp in Khan Yunis was attacked and great destruction resulted in the neighborhood in Abu Shamalah. On the 31st of October 2023, Israel decided to attack three camps: Jabalia camp twice, Al-Shati and Nuseirat refugee camp. An entire residential neighborhood in Jabalia camp was bombed, which led to hundreds of dead and wounded civilians. Israel also bombed the Al-Shati Nuseirat refugee camp. The Israeli regime stated that they bombed the camps because of the presence of a Hamas commander. But the Hamas government denied there was a commandant present in this camp. These attacks caused the death of at least 15 Palestinians. However, till today, Israël has not confirmed that any Hamas commander was found in the camp. Israel also dropped six (6) bombs on Jabalia refugee camp, destroying several apartment blocks. More than a hundred people were killed.19 family members of an Al Jazeera employee were amongst the dead. The attached video shows people trying to evacuate. The scene was bombed twice.
According to a report by the UN Türk two strikes on Jabalia Refugee Camp and one on Al-Yarmouk was carried out by the IDF. Heavy explosives were used with devastating effects in densely populated areas. These strikes caused enormous destruction and at least 153 civilians died. There was no warning given, nor was there a possibility to evacuate residential buildings prior to these strikes.
On the 2nd of November 2023, Al-Bureij refugee camp in the center of the Gaza Strip was bombed and an entire residential square was wiped out. The Residential block of the Al-Shati refugee camp was destroyed by Israeli airstrikes on the 5th of November 2023. The Al-Jaro family was attacked on the 13th of november 2023 in Dair-al-Balah camp. The Al-Bureij refugee camp was attacked on the 22nd of december 2023. First the Israeli occupation ordered an evacuation and told civilians to move to Dair Al-Balah city. However, civilians could not flee as the IDF was shelling them and attacking them with tear gas. “The use of such weapons in densely populated areas raises serious concerns as to how such attacks comply with the principles of distinction, proportionality and precautions in the conduct of military operations, given the indiscriminate effects of such weapons when used in such areas and the foreseeability of the extensive loss of civilian life,” said Türk. “Launching an indiscriminate attack resulting in death or injury to civilians, or an attack in the knowledge that it will cause excessive incidental civilian loss, injury or damage, are war crimes.”
A video dated the 22nd of December 2023 from Al-Burij refugee camp shows footage in which the IDF ordered to evacuate the whole refugee camp Al-Burij and move to Dair Al-Balah City. Another video shows the IDF carrying out a bombing raid on Jabalia refugee camp. 165 civilians were killed.
Infrastructure in Gaza
According to international humanitarian law, it is prohibited in war or conflict to attack the natural environment. Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully, is prohibited. It is also prohibited to intentionally direct attacks on buildings, material, medical units, transport, and personnel, using the distinctive emblems of the Geneva Conventions, or buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are, provided they are not military objectives. This also leads to a breach of violation of article 55 (2) of the Additional Protocol 1 of the Geneva Conventions, 1977.
A confidential memo from the Dutch defense Embassy in Tel Aviv detailed a plan by Israel to deliberately cause massive destruction to Gaza's infrastructure and civilian centers. Even Lilian Marijnissen (Dutch Politician) said: “Israel uses disproportionate force in Gaza and violates international treaties and the laws of war. Cease-fire now.”
Several videos and reports show the Israeli military bombing residential buildings, houses, demolishing cemeteries and a university, without any military objective. Gaza and its entire infrastructure and ecosystem has been seriously damaged. Several Israeli ministers repeated statements that they would cleanse Gaza. There are even publicized plans to build beachfront resorts.
A video dated the 20th of October 2023 shows the bombing in the South of Gaza City. On the 23rd of October 202,3 Motaz, a well known journalist in Gaza, reported on massive destruction in Al-Zahra City in the middle of the Gaza Strip. “Imagine how many people become homeless? Just think about it, Could Gaza become another NAKBA?” Another video dated the 25th of October 2023 shows a rooftop view of the destruction of Gaza City. An Israeli airstrike causes the destruction of an entire neighborhood in the middle of Gaza City. Up till the present day, the Israeli military have not even said that there was any military objective there. Another video dated the 27th of October 2023, shows the Palestinian Civil Defense fighting a fire after an Israeli airstrike hit a house in Tal-Hawa in Gaza City.
In the next video dated the 29th of October 2023, other air strikes on civilian targets can be seen. Residents woke up to the destruction of hundreds of buildings and homes large bomb craters in the streets. A Gaza Civil Defense official said that the intense bombardments had 'changed the landscape' of Northern Gaza. Witnesses told AFP most of the bombing was concentrated in areas around two hospitals – Al Shifa and the so-called Indonesian hospital – located in the Jabaliya district of northern Gaza. Israel also knocked out communications in Gaza on Friday, creating a near-blackout of information from the besieged area and largely cutting off 2.3 million people from the outside world.
The Palestine University has also been a target by the Israeli regime. The IDF planted 315 bombs in the university and blew it up. A video dated the 3rd of november 2023, shows the Al-Azhar building four towers and Al-Maqoesie building towers had been targeted too. Journalist Bisan reported about the IDF: “They are saying it loud, if you survived our bombs, you will not find any place to go, to live.” Another bombing of the Shujaeya neighborhood in Gaza was documented on the night of the 9th of November, destroying an entire residential square and resulting in countless deaths and injuries. Many people are still missing under the rubble. A video dated the 10th of November 2023 shows the bombing of residential buildings in Gaza.
On the 15th of November 2023, the Parliament Palestinian legislative council building was bombed. The next videos and pictures shared by civilians from Gaza on social media, show the bombing of residential towers near Al-Quds hospital in Gaza city and the Israeli military also bombed four residential towers in Al-Zahra City the next day. On the 15th of November 2023, the Israeli army bombed The Parliament Palestinian Legislative Council Building. On the 17th of November 2023 Israeli forces bombed A United Nations Facility.
A video dated the 2nd of December 2023, shows an IDF attack on the Hamad Town residential complex in Khan Yunis, after a week-long truce with Hamas which expired on the 1st of December. Another video portrays the destruction of a road in Gaza. On the 6th of December 2023 Gaza’s archives were destroyed. The archives were more than a hundred years old and entailed the entire history of Gaza. All these attacks by the IDF did not have any legitimate goal. The intentional destruction of these locations is a clear violation of international law.
On the 20th of January 2024, Israel invading soldiers celebrated detonating an entire residential quarter in Abasan town in Khan Younis in the Southern Gaza Strip."
Another video shows the residential area in Khan Younis being bombed on the 21st of January 2024. On the 31st of January 2024 an Israeli airstrike targeted a charity building in Dair Al-Balah in the Gaza Strip’s middle area. On the 2nd of February 2024, the offices of the Belgium organization were bombed. The Government of Belgium asked Israel for an explanation. According to the World Health Organization, the destruction around the Nasser-Hospital was ‘indescribable’. Another picture shows demolished infrastructure in Gaza. The picture shows the damage after the attack by the Israeli military. Another video shows how the Israeli soldier, Uriel Ben Zvi, declares that his intent is to leave “nothing” for the Palestinian people. A video presented at 20th March 2024, shows the air strikes on two residential buildings in al-Lababidi Street in Gaza City. A recent video dated the 20th of April 2024 shows the destruction of the infrastructure of Khan Younis in Gaza.
During the conflict, the Israeli military destroyed several buildings, residential towers, the road, Gaza's archive, universities and changed the entire infrastructure in Gaza, which resulted in the destruction of the natural environment in Gaza.
Article 8 2 B: (ix)Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives
Pursuant to article 8 (2) (b) 2 (ix) of the Rome Statute, war crimes are serious violations of the laws and customs in armed conflicts without an international character, within the established framework of international law. Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives, are clear war crimes.
Hospitals
A fundamental general principle of international humanitarian law is that the wounded, sick and shipwrecked shall be collected and cared for. To give effect to that rule, all parties to all armed conflicts are expected to respect and protect health care workers, health facilities, services and beneficiaries.
Article 19 of the Geneva Convention IV on Civilians states that the protection to which civilian hospitals are entitled to, shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning is unheeded. The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants and not yet handed over to the proper service, shall not be considered to be acts harmful to the enemy.
Article 14 of the Geneva Convention provides protection in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick, and aged persons, children under fifteen, expectant mothers and mothers of children under the age of seven. Article 15 up to Article 23 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, provides for the protection of medical personnel and personal aid societies. It further provides that medical personnel shall be respected and protected in all circumstances. Medical personnel, other voluntary staffs, health-care facilities, medical vehicles, together with the wounded and the sick, reaching health-care services are protected under international humanitarian law. Attacks directed towards this group have far-reaching consequences as health-care professionals need to flee from their posts and/or hospitals and it can lead to hospital closures. Attacks on health care workers, health facilities, services and beneficiaries violate international humanitarian law. According to sources, between the 23rd and the 29th January 2024, 145 health workers have been killed, there were 148 incidents whereby health facilities were damaged and 218 health workers have been arrested.
The consequences of such attacks extend beyond the immediate victims, but also have an adverse effect on the beneficiaries of health services. According to doctor Alma Tostman, many healthcare facilities had been destroyed and there was immense pressure on the health care system due to IDF attacks. “The scope of infectious diseases that are observed in Gaza is almost textbook”, referring to a medical textbook chapter she recently wrote on ‘what to expect concerning infectious disease in war settings’. The data shows a very high presence of infectious diseases related to a lack of hygiene, sanitation and access to clean water. “These represent conditions for which the susceptibility and the severity are consequently exacerbated by a lack of immunity caused by the very poor nutritional state due to increasing famine in Gaza”, adds the doctor. People have no access to water, no access to clean water. And for example, people have not showered for months.
According to an article which was published on the 22nd of February 2024 by the World Health Organization and United Nations Children’s Fund, access to clean water is essential to ensure sanitation, hygiene, the availability of IPC supplies, and the appropriate selection and use of personal protective equipment based on risk assessment is guaranteed.
An article by Human Rights Watch describes violations of international humanitarian law, as hospitals were the target of Israeli attacks, while no evidence of the hospital(s) being used by Hamas had been found. The article further stated: “Hospitals and other medical facilities are civilian objects that have special protections under international humanitarian law, or the laws of war. Hospitals only lose their protection from attack if they are being used to commit “acts harmful to the enemy,” and after a required warning. Even if military forces unlawfully use a hospital to store weapons or encamp able-bodied combatants, the attacking force must issue a warning to cease this misuse, set a reasonable time limit for it to end, and lawfully attack only after such a warning has gone unheeded. Ordering patients, medical staff, and others to evacuate a hospital should only be used as a last resort. Medical personnel need to be protected and permitted to do their work. All warring parties must take constant care to minimize harm to civilians. Attacks on hospitals being used to commit “acts harmful to the enemy” are still unlawful if indiscriminate or disproportionate. The use of explosive weapons in densely populated areas heightens the risk of indiscriminate attacks. Attacks in which the anticipated loss of civilian life and property are excessive compared with the concrete and direct military gain are disproportionate. Concerns about disproportionate attacks are magnified with respect to hospitals, since even the threat of an attack or minor damage can have massive life-or-death implications for patients and their caregivers. The Israeli military on October 27 claimed that “Hamas uses hospitals as terror infrastructures,” publishing footage alleging that Hamas was operating from Gaza’s largest hospital, al-Shifa. Israel also alleged that Hamas was using the Indonesian Hospital to hide an underground command and control center and that they had deployed a rocket launchpad 75 meters from the hospital. These claims are contested. Human Rights Watch has not been able to corroborate them, nor seen any information that would justify attacks on Gaza hospitals. When a journalist at a news conference showing video footage of damage to the Qatar Hospital sought additional information to verify voice recordings and images presented, the Israeli spokesperson said, “our strikes are based on intelligence.” Even if accurate, Israel has not demonstrated that the ensuing hospital attacks were proportionate.”
On many occasions, Israel has said that hospitals were targeted because “they were used by Hamas”. Not only did this prove to be incorrect, this in itself does not change the status of a hospital into a military objective. Only if the hospital houses active combatants can it be targeted. No active Hamas fighters have ever been found in hospitals. Therefore, there have been no credible cases or instances whereby hospitals could be legally targeted.
The definition of attack is the following:
Attacks on wounded and sick individuals: This form of attack includes denial of impartial care to wounded civilians, assaults on patients within medical facilities, denial of access to health facilities, unreasonable obstruction of travel for medical care and interruption of medical care;
Attacks on medical facilities: attacks on or interference with medical facilities includes shelling, shooting, looting, bombing, deprivation of water or electricity, intrusion, encirclement and other forms of assaults.
Attacks on medical personnel: attacks on or interference with medical personnel in their efforts to provide ethical care to patients include arrests, detention, assaults, torture, harassment, invasion of medical officers, kidnapping, killing, intimidation, threats, robbery and disruption of treatment.
Attacks on medical workers and volunteers: attacks on medical workers and volunteers is a part of violence towards civilians.
The rules safeguarding medical facilities during armed conflict as deduced from international humanitarian law are:
All possible measures shall be taken to provide health care on a non-discriminatory basis to the wounded and sick;
All possible measures shall be taken to search for, collect and evacuate the wounded and sick in a non-discriminatory manner;
The wounded and sick and health-care personnel shall not be attacked, arbitrarily deprived of their lives, or ill-treated. The use of force against health-care personnel is justified in exceptional circumstances only;
Access to health-care facilities shall not be arbitrarily denied or limited;
Health-care personnel shall not be hindered in the performance of their medical tasks nor shall they be harassed for simply assisting the wounded and sick;
The wounded and sick, and health-care personnel and facilities must also be protected against interference by third parties.
All parties to an armed conflict have a legal duty to “respect and ensure respect for the above mentioned rules. The scope of this duty is to examine and investigate when there is an alleged violation that could rise to the level of a war crime. The attacker must prove that the hospital was misused, presumably through an investigation if there is the idea that the hospital was misused. In case of doubt, there should be a presumption of civilian status according to Article 52(3) Additional Protocol I to the Geneva Conventions, 1977. According to article 63 (2) of the Additional Protocol 1 of the Geneva Conventions, 1977, it is prohibited in occupied territories to coerce or induce civilian civil defense organizations to perform their tasks in any manner prejudicial to the interests of the civilian population. Article (2) (2) The wounded and sick shall be collected and cared for. This breach a violation of the Fourth Geneva Convention (Commentary of 1958).
According to the Israeli lawyer at the ICJ on the 12th of January 2024 claims about an attack on the Al- Shifa Hospital by the IDF army were denied. This was remarkable as the attack had already been confirmed by Prime minister Benjamin Netanyahu. He stated that the IDF attacked the Al- Shifa Hospital due to the suspicion of underground tunnels in which Hamas was present. However video evidence clearly portrays that this was incorrect.
On the 6th of November 2023, Palestinian doctors reacted to an Israeli doctor’s letter: “We as doctors are ambassadors of peace. We save lives. Israeli doctors who signed a letter promoting bombing of hospitals with patients inside have committed a betrayal to their noble profession and bear responsibility.”
Beside this, the Israelis deleted their first post about acknowledging the attack on the Al-Ahli Arab Hospital. It is clear now that the IDF was indeed responsible for that attack.
Doctor Note Chittarat from the ICRC explained in a video how bad the conditions in the Hospital in Rafah were and stated: “The hospital has become a place where not only the sick and wounded are seeking medical attention, but you also have people seeking refuge and walking through the hospital grounds here, you think you are actually walking through IDP camp very close to the conflict zones and people here are seeking refuge, because I think they want to believe that there’s more protection here, and that they can be safe from the violence and the conflict. One of the most painful thing is when you have children running up to you and then they ask you if everything is going to be ok, if they stay in the hospital? The most painful thing is not having an answer to give them.”
Al Shifa Hospital
Doctor Mads Gilbert responded in a video to Prime Minister Netanyahu’s claims about Hamas, and negated claims regarding the presence of a Hamas command and control base at the facility. He had worked as a doctor in this hospital for 16 years. A hospital nearby Al-Shifa was bombed on the 2nd of November 2023, while 1000 people had taken shelter there. Civilians from that hospital were evacuated to Shifa. They had to stay outside the hospital because there was no place in the hospital. They bombed the entrance and an ambulance in front of the hospital; Another video shows Israeli strikes hitting the main entrance of Al Shifa Hospital, killing several Palestinians. A government statement said Israeli forces targeted “a convoy of ambulances which were transporting the wounded” from Gaza City to Rafah in the South. On the 6th of November 2023, the Israeli regime bombed a building inside Al-Shifa hospital. A video dated the 10th of November 2023 shows a fresh bombing of Al-Shifa. The tents outside the hospital where civilians had taken refuge were hit. In another video, the destruction in- and around the hospital can be seen.
On the 12th of November 2023 the Director of Al-Shifa Medical Complex told Al-Arabi TV: “Two patients were martyred in intensive care, but not everyone was martyred. If the catastrophic situation continues as it is, all intensive care patients will die, and dialysis patients may die tomorrow due to the inability to treat them and the accumulation of toxins in their blood.”
The director of the hospital told Al Jazeera: “Israeli bombing of the main oxygen line sentenced all those in the hospital to premeditated murder. They also targeted the surgery building in the AlShifa medical compound. Israeli airstrikes destroy a mosque opposite to the main gate of Al-Shifa Hospital in Gaza City.”
On the 12th of November 2023, a doctor, Mohammed Obeid, stated that the situation was really bad in the hospital. There was no internet connection. He also said that there had been a sniper who shot 4 patients inside the hospital. There had been no electricity in the hospital since the 11th of November 2023. Also there was no water or food. Two babies died because incubators were not working as electricity had been cut. Another patient died because respirators stopped working. There were around 600 adult patients and between 37 and 40 babies. Another video dated the 12th of November 2023 shows the announcement by AlShifa Hospital that all ICU patients had died. On the 17th of November 2023 the IDF forced hundreds of injured civilians to walk many miles carrying other injured civilians. Eventually, other reports showed that there were no combatants whatsoever in the hospital and the only people found were injured and slaughtered adults and babies. A photograph which was published on the 2nd of February 2024 shows Dr. Mohammed Ron, before the war and his state after being kidnapped for almost a month by the IDF. Dr. Mohammed was the head of the surgery department at Al-Shifa hospital.
Ahmed Kouta (nurse) gave a recent update on the current conditions in the Al Shifa Hospital. He announced that the hospital was surrounded by the IDF and nobody could leave or enter the hospital. There was a sniper outside the hospital who was attacking civilians who were entering the hospital. The hospital had been totally cut off. No medical compounds were available in the North.
According to Doctor Abu Safia (director) from Kamal Adwan Hospital, they had no possibility to accept the injured civilians and he described this as a horrendous situation.
The following video shows footage of the AL Shifa Hospital on the 18th of March 2014. Dozens of Palestinians have been killed and wounded by the occupation forces as they stormed the complex at dawn. The Journalist Wadea Abu Alsoud stated in an interview: “The occupation forces suddenly raided the hospital, there were intense clashes. We are hearing sounds coming from the gate, there is shrapnel falling all over the hospital courtyard.” The video shows dozens of civilians escaping from the compound. Two explosions took place inside the hospital complex and Israeli forces assaulted Al Jazeera journalist Ismail Al Ghoul and his crew then abducted all of them.
On the 18th of March 2024, journalist Mohammed Abdul Hadi reported from within Al Shifa Medical Complex, providing an account of the dire situation which was unfolding. In the early hours of the morning, the Al Shifa Medical Complex was suddenly besieged. The siege consisted of the entrance of numerous IDF vehicles into the courtyards of the complex, after which demolition operations commenced. Approximately 25 to 30 thousand civilians, including the sick, injured, medical staff, and displaced individuals, were trapped inside, facing an imminent threat to their lives. With the complex under attack and gunfire targeting anyone near windows, those inside were under siege, fearing death at any moment.
A number of Palestinians were killed by heavy Israeli air strikes in the vicinity of Al Shifa hospital and Al Jala street in Gaza city. Al Jazeera journalist Hani Mahmoud said in an interview that Israel dropped leaflets ordering people to evacuate the al-Shifa hospital and surrounding areas despite the Israeli military spokesperson saying earlier people should not move. Mahmoud described the situation as contradicting, vague and misleading. He stated: ’’The Israeli military dropped leaflets, ordering people in Al Shifa hospital, its vicinity and the entire residential block surrounding the Al-Shifa health complex, to evacuate immediately to al- Mawassi evacuation zone.” In an earlier statement, Hagari (spokesperson of the Israeli military) said no evacuation was necessary. The next video shows images of a fleeing and distressed child, after the area around the Al Shifa hospital had been bombed for the second time.
On the 17th of October 2023, UN Human Rights Chief Volker Türk said the following about the situation. “Words fail me. Tonight, hundreds of people were killed – horrifically – in a massive strike at Al Ahli Arab Hospital in Gaza City, including patients, healthcare workers and families that had been seeking refuge in and around the hospital. Once again the most vulnerable. This is totally unacceptable. At least six people were also killed this afternoon when an UNRWA school was hit in al-Maghazi refugee camp, in Gaza’s middle area. The school had been serving as a shelter for some 4,000 seeking refuge. Hospitals are sacrosanct, and they must be protected at all cost. We don’t yet know the full scale of this carnage, but what is clear is that the violence and killings must stop at once. OHCHR calls up to protect Hospitals in Gaza: “Words fail us to describe the grave existential threats and harm facing medics, staff, patients, and displaced persons at medical centers across Gaza. Hospitals, schools, and shelters must be safe and protected – they should not be the site of fighting.”
Also, the UN’s top Humanitarian aid chief Martin Griffiths said: “Hospitals must be places of greater safety, not of war’.” Al-Awda Hospital, in Tal Al-Zatar releasing a video dated the 10th of November 2023: "The moment the occupation carried out a fire belt in the vicinity of Tal Al-Zatar in the Northern Strip".
On Monday, the 1st of April 2024 Israeli forces ended the military assault on the Al Shifa hospital, leaving behind bodies and a trail of destruction. Rafiq and his sister Rafif, two displaced Palestinians recounted the horrors they lived during the Israeli two-week siege of al-Shifa Hospital. They stated:`` they tortured us there. There was no food or water. We stayed without food of water for five days. We were dying. There were also no medical negligence. The IDF Army besieged us for fourteen days and there was no medication.’’
Doctors From Al Shifa hospital held a press conference outside of the completely destroyed Hospital by the IDF army. Their testimony was: ``Today, we have witnessed a very horrible and gruesome scene. In front of the destroyed complex of Al Shifa hospital, the biggest hospital in Gaza with a capacity of 750 beds and 26 operation rooms. There are approximately 250.000 people who receive emergency medical care at the hospital and more than 17000 surgical operations a year. After this horrible siege, we declare that the Al Shifa hospital complex is completely destroyed and out of service. It is out of service for ever, because the complete destruction of the building and the medical equipment is all totally destroyed. Concerning the medical team, today we buried on of the personnel Baha’a al-Kilani. He was the chief of the maintenance department in the hospital and the chief director of the pharmacy department Zaher el- Nono. Plastic surgeon dr. Mohammed al-Makadma and his mother died in this hospital. There are a lot of detainees. I was chosen to be the director in charge of this hospital on 14 January 2024, to be in charge after the previous director Ahmed Abu Silmyah, who is detained and kidnapped from the hospital.’’
According to testimony from inside Al-Shifa hospital, IDF troops raped a Palestinian pregnant woman in front of her husband and other men, then they killed her. This is happened during the holy month of Ramadan, while starving Palestinians were fasting. A photograph shows doctor Adnan Al-Borsh, head of the Orthopedic department at Al-Shifa Hospital, who was killed due to torture by the IDF after his arrest.
At the Al-Ahli Arab Hospital there were only civilians present. More than 500 people were killed in this IDF attack.
A doctor said: “People were sleeping under the streets, they were killed by rockets. We couldn’t count the people, body parts, but 30% or 40% were children”. Human Rights Chief Volker Türk stated: “Words fail me. Tonight, hundreds of people were killed – horrifically – in a massive strike at Al Ahli Arab Hospital in Gaza City, including patients, healthcare workers and families that had been seeking refuge in and around the hospital. Once again the most vulnerable. This is totally unacceptable. At least six people were also killed this afternoon when an UNRWA school was hit in al-Maghazi refugee camp, in Gaza’s middle area. The school had been serving as a shelter for some 4,000 seeking refuge. Hospitals are sacrosanct, and they must be protected at all cost. We don’t yet know the full scale of this carnage, but what is clear is that the violence and killings must stop at once. All States with influence must do everything in their power to bring an end to this horrendous situation. Civilians must be protected, and humanitarian aid must be allowed to reach those in need as a matter of urgency. Those found responsible must be held to account.” Israel said that the attack had been caused by a misfired rocket.
At Al-Amal Hospital, the Israeli army stormed the hospital. A video posted on the 27th of January 2024 shows images of IDF tanks surrounding the Al Amal hospital and the immediately surrounding area and the headquarters of the Palestinian Red Crescent Society in the city of Khan Yunis. Another video made by a PCRS volunteer shows how an old woman in very poor health was evacuated by a health worker after several orders from the army that civilians should leave the hospital as this was a target of the IDF. Furthermore, the video shows families with children fleeing from the hospital under the supervision of a PRCS volunteer. Another video released on the 12th of February 2024 shows the IDF deliberately targeting a large number of ambulances at Al-Amal Hospital for the twenty-second consecutive day. The hospital was besieged during this period.
“Aid conveys have come under fire and are systematically denied access to people in need.” Jens Larke, a spokesperson for the United Nations humanitarian office, said in the conference that Israel has been systematically blocking the passage of sufficient aid into the Gaza Strip. He said: “North of Gaza is extremely difficult to reach, convoys that have been planned over the past one month, two months, have all but been denied, very few have been able to proceed because we have not received the assurances or the accept of our notifications of the Israeli authorities.”
“On Sunday the 25th of February the Palestine Red Cresent Society and the United Nations evacuated 24 patients from Al Amal hospital in Khan Younis, including one pregnant woman and one mother and new born. Despite prior coordination for all staff members and vehicles with the Israeli side, the Israeli forces blocked the WHO-led convoy for many hours the moment it left the hospital. The Israeli military forced patients and staff out of ambulances and stripped all paramedics of their clothes. Three Palestine Red Cresent Society paramedics were subsequently detained, although their personal details had been shared with the Israeli forces in advance, while the rest of the convoy stayed in place for over seven hours. One paramedic has been released, and we appeal for the immediate release of the two others and all other detained health personnel. This is not an isolated incident, aid convoys have come under fire and are systematically denied access to people in need. Humanitarian workers have been arrested, intimidated or detained by Israeli forces, and humanitarian infrastructure has been hit. Just prior to Sunday’s incident, two family members of Medicines Sans Frontières were killed in an unprompted attack by Israeli forces against a deconflicted compound where their staff and family members slept.”
Another video shows the humanitarian disaster at the PRCS-Amal hospital after the Israeli Army left the area.
The Al Rantise Hospital was bombed on the 10th of November 2023. The Al-Quds Hospital was bombed on the 23rd of October 2023. A video dated the 11th of November 2023 shows how surgeries were performed in Gaza without electricity at the Al-Quds hospital. According to Al Jazeera on the 8th of November 2023, the Al-Quds Hospital, which was run by the Palestine Red Crescent Society (PRCS) in Gaza, ran out of fuel and had to shut down key services. After the bombing on Sunday civilians were killed and 35 people were injured. This attack also led to the loss of all medicines and equipment which was worth around 5 million dollars. Another video shows an injured employee of the Red Crescent Society.
The Shohada Al-Aqsa Hospital was bombed on the 23rd of October 2023. The Turkish – Palestinian friendship hospital was attacked on the 31st of October 2023. It was the only functioning cancer treatment center in the region; and was demolished on the 23rd of February 2024. This was posted online by the Israeli soldier Eliya Cohen.
The Hospital Al-Nasr Children’s hospital was attacked on the 4th of November 2023. The Israeli army targeted the entrance to the Al Nasr Children’s Hospital in western Gaza, causing civilian casualties. When civilians tried to evacuate the hospital, a video shows them being shooting by the Israeli army. A video dated the 29th of November 2023 shows premature babies found dead: “Their parents were forced to say goodbye to their newborns and leave them to die in their beds.” Numerous premature infants had reportedly been found dead in their beds in Gaza’s Al Nasr Children’s Hospital, weeks after their families and the hospital staff were forcibly evacuated by Israeli soldiers.
Doctor Ahmed al-Moghrabi reported on 21 January 2024 about the situation in and around the hospital. He said: “The IDF force is bombing all around the area of the hospital and the situation has become very difficult. A lot of civilians left the hospital because the situation became worse and it was not safe anymore. There are hundreds of patients and we are working continuously. There is also no proper food and clean water. There is no safe place to go anymore. Since we were recording around the hospital there has been a lot of bombing in the close area. It is a real horror in the main hospital in Gaza. If they invade this hospital it will be a horror. They attacked hospitals and schools and are responsible for a lot of war crimes. Some of the doctors came back to the hospital to help. The Israeli army is fighting/killing civilians, especially children and women. We cannot go anywhere and could not find a safe place to go with my family. There is no food and water in Rafah.”
The next video dated the 27th of January 2024 shows footage of the chaos in the Nasser Hospital. Wounded and dying civilians are lying on the floor. The images show doctors trying to help their patients under the most worrying circumstances. Doctor Muhammad Harara stated in the video: “Most doctors left the hospital for their safety. The doctors and nurses clean the hospital by themselves when they finish treating patients. It is a complete disaster.” The hospital has about 350 patients and 5000 civilians sheltering at the complex. They are unable to leave, because of the tanks and fierce fighting outside. In the video it is illustrated that Gaza no longer has a healthcare system. Doctors without borders accuses Israel of systematically targeting hospitals in Gaza. During the video another doctor stated that there is no electricity and nurses work with the minimal tools. The lack of fuel and electricity is a big obstacle.
The Health Ministry Ashraf Al- Qadra (spokesman), gave a press conference on the deteriorating situation at the Nasser Hospital in Khan Younis. He stated: “Israeli troops are endangering the lives of medical personnel, wounded individuals, and displaced people, and fuel shortages may lead to the hospital's electric generators failing within four days. The hospital is facing a tight siege and intense targeting by Israeli forces, resulting in food shortages, a lack of surgical supplies, and restrictions on ambulance movement.”
In another video, Doctor Ahmed Moghrabi gave testimony about the incident at 2 am when heavy gunfire was heard near the hospital and civilians were shot by snipers. A 14 year old boy was also shot nearby the hospital and it was impossible to leave or enter other departments without being shot. The video also shows that, a civilian was shot in the hospital yard and tried to save himself. At 5 am, the army reached the hospital and nobody could enter or leave the Hospital.
Jamal Aldin Abu Al-Ola was detained and threatened by soldiers at the gate of Nasser Hospital, forced under the direct threat to his family to relay a message for the evacuation of the hospital. Despite complying, Jamal was shot dead by soldiers in a cold-blooded act of execution witnessed by his family and others. His mother, Raeda Abu Al-Ola, 45, and brother, Hossam Aldin, told their story in the following video on how the events unfolded on the 12th of February 2024, the day Jamal was executed. His mother's testimony was: ‘’They told him that he had ten minutes to come back and if he doesn’t come back within ten minutes your mother will be killed. On 12 February 2024, Jamal was detained at the gate of the Nasser hospital. Jamal came to Nasser hospital and he was beaten by the occupation. A small drone was following Jamal. We passed to the gate and once we passed to the gate Jamal was shot by three bullets. He was executed in front of me.’’
The Indonesian hospital had been attacked on the 9th of November 2023:"The moment the vicinity of the hospital "was just targeted". A video on the 11th of November 2023 showed the attack on the Indonesian hospital, live on air.
Journalist Bisan said that the Indonesian hospital had been under siege for days by the IDF. During this period, no one could leave or enter the hospital. Even journalists were denied entry. The video shows the disaster at the hospital. Bisan talked to two survivors. They told him that they were tortured and two wounded civilians were hanged. Israeli soldiers also opened fire on several patients who didn’t survive.
In the European Gaza Hospital, Doctor Mohamed recorded a message about a stray bullet which went through the window in the operating theater. At the Sheikh Hamad bin Khalifa al-Thani Hospital, a video shows the complete destruction of the Hospital.
A video dated the 27th of november 2023 shows a reporter at the Nasr hospital at the NICU (children ICU). The Israel forces refused to let parents take their premature babies out of the hospital, so parents were forced to leave their babies behind or die with them if they had stayed. The IDF stopped anyone that wanted to take the babies out alive, or who wanted to bury their dead babies. According to the World Health Organization, the Nasser Hospital OCHR was out of electricity or running water and medical waste and garbage were creating a breeding ground for disease. WHO staff said the destruction around the hospital was ‘indescribable.’ The area was surrounded by burnt and destroyed buildings and heavy layers of debris, with no stretch of intact road.
A video dated the 1st of December 2023 showed how an air strike was caught live on TV in the vicinity of the Al Nasr Hospital in northern Gaza during the Israel-Hamas temporary truce. On the 4th of December 2023 the Israeli army bombed the Nasser hospital again.
On the 17th of November 2023, inside the maternity section of the Al Hilal Emirates Hospital medics feared a “disaster” due to Israel’s blockade. They said: “A shortage of fuel and a power outage might lead to deaths of many premature babies who cannot breathe, for some of them, without incubators. The WHO is currently trying to negotiate the evacuation of 35 premature babies from the Al Shifa Hospital, which has been stormed by the Israeli army. Four premature babies have already died there.” A video dated the 17th of November 2023 shows the occupation army forcing medical personnel at The Ibn Sina Hospital in Jenin out of the emergency section at gunpoint.
The following video shows the deliberate attack by the Israeli military on several ambulances and emergency workers. The Palestinian Red Crescent stated that they could no longer carry out coordination procedures to provide medical assistance to civilians in Gaza. The safety of emergency workers, victims, ambulances and emergency centers was not guaranteed. Israel had also been holding medical workers for 18 days.
Places of education (schools and universities)
On the 10th of November 2023, journalist Wissard Bisan reported about the destruction of the Al-Rimal Primary School and UNRWA School. She said: “The Israeli tank entered the school and shot people. There was no ambulance, so people carried the injured and the killed on their shoulders to hospital. When they got there, there was no medical staff! There is no aid, people are bleeding and dying in the streets!”. She also reported on the bombing of the following hospitals: Al-Rantise, Al-Naser, Al-Shifa. She further reported that the Indonesian Hospital was being heavily bombed and that people had nowhere to go. As for the safe road, as they claimed, “ Today at 2:30 pm. people were bombed while evacuating to the south during this road!! Salahaldeen street! Dead bodies are on the street! The street is a nightmare! People need to walk for 3-4 hours with no vehicles, children..disabilities, elderly.. 11 are walking, and I swear, I witnessed people who are old or sick or dying lying in the street! There bodies are still there!.”
On the 18th of November 2023, the Israeli army bombed the Al-Fakhoura school, a United Nations Facility. Grenades were thrown into mosques in the West Bank while civilians were inside, the Al-Shifa Hospital that was raided by the Israeli Army and hundreds of injured people were forced to walk many miles carrying injured people. Another video dated the 14th of December 2023, shows the IDF cheering after bombing a school (financed by VN) in Gaza, where civilians had taken shelter. Men, women and children were detained after the attack. Another video dated the 7th of February 2024, shows a massacre of children which was perpetrated by the IDF at a school in Khan Yunis.
The next video shows a young 11 year old girl named Ghazal, who was in critical condition on a hospital stretcher was shot in her neck by a sniper from the IDF. Journalist Wizard Bisan asked her what happened and she stated: “I was going to the bathroom (at the vocational UNWRA College in Sinaa) and before I enter the building, I got shot in the neck. I was going with my aunt to another building and then they shot me.” In the video they illustrated her medical x-Ray Photo, where the bullet can be seen and had not yet been removed. In a post on the 16th of February 2024, the Islamic University was destroyed. Another picture shows the enormous destruction caused by a bombing of the kindergarten in Rafah by the Israeli army. Several people, including two children, were killed in the attack, and dozens were injured, stated by Wafa reports. The next video shows a massacre of children that happened at a school in Khan Yunis who were killed by the Israeli occupation army. The following video shows Israeli tanks shelling targeted a school where thousands of civilians shelter.
C. Mosques and Historical Churches
Various sources have reported on the (deliberate) bombing/attacking of various places of worship by the IDF. They bombed/attacked mosques and churches under the pretext that Hamas leaders were hiding in these buildings, while in reality the only people who were hiding in mosques and churches were displaced people. They had taken refuge there after the IDF advised them to do that!
The definition of a military objective, however, is open ended, because every civilian object – not excluding even a hospital or a mosque – is susceptible to use for military purposes. Such use (or abuse) will turn a hospital or a place of worship into a military objective, exposing it to a lawful attack under certain conditions. The only attenuating consideration is that, under Article 52(3) of Protocol I, in case of doubt, the presumption should be that such a place is actually used for the normal purposes to which it is dedicated.
Places of worship and historical monuments are part of the culture of Gaza. They are not only used for worship, but also as places where people can celebrate major events, such as weddings [etc.]: places where people would come together. Article 53 (a) (b) of the Fourth Geneva Conventions, 1977 prohibits any act of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples. It is also forbidden to use reprisals against these objects. According to reports from Gaza, the Israeli army has breached– on many occasions – the principles of the Fourth Geneva Convention, 1977, by intentionally attacking the abovementioned objects, thereby demolishing and destroying the culture of Gaza, without doing so to target any military goal. Israel has also committed war crimes by intentionally attacking churches and mosques, provided they are not military objectives, thereby also violating article 8 (2) (e: iv) Rome Statute.
As the Israeli forces carried out these kind of attacks (thereby directly targeting civilians, houses, mosques, churches and so on which led to the intentional destruction of Gazan culture) , they also acted in violation of article 52 (3), 53 (a) (c) additional of Protocol I Geneva Convention 1977 and article 16 of the additional Protocol II to the Geneva Conventions, 1977.
On the 16th of October 2023, the Israeli military bombed the Greek Orthodox Church in Gaza. More than a hundred displaced people had taken shelter inside the church. As a result of the bombing, a large number of people were killed and/or were wounded. A Christian civilian wondered where he could go, as both his house and the church had been bombed. On the 20th of October 2023, a airstrike hit another historical church in Gaza, the Saint Porphyrius. At 9 least nine civilians were killed. One of the injured civilians was rescued from under the rubble. A video dated the 20th of October 2023 mentions that 18 Palestinian Christians had been killed and others injured after an Israeli airstrike on one of the oldest churches in the world. A video dated the 25th of October 2023, shows the destruction of a Christian church in Gaza (the Saint Porphyrius Church) and the bombing of civilians who took refuge in the Church. As shown in the video, people used their phones to search for survivors under the rubble.
On the 10th of November 2023, the Israeli military destroyed the Khaled bin al Waleed Mosque in Khan Younis. As of the 8th of November, the number of the demolished mosques in the enclave had risen to at least 59 according to Gaza’s Interior Ministry. On the 17th of November 2023 a soldier threw a grenade into a mosque, while the imam was calling for a prayer. Two days later, another mosque was destroyed. In the video soldiers can be seen while they are laughing after bombing a mosque. On the 8th of December 2023, Israeli forces/military bombed the oldest and biggest historical Omari-mosque in Gaza. This mosque was 650 years old. In the video dated the 10th of March 2024, a mosque is shown which was targeted by an Israeli air strike in Khan- Younis in southern Gaza. Another video shows the bombing of a mosque in Nusseirat refugee camp, while the imam is coinciding the call to the noon prayer at 12th April 2024.
Article 8 2 (b): (xvii/xviii)Employing poison or poisoned weapons; (xviii)Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; Geneefse convention
The use of weapons vs white phosphorus
The Rome Statute grants the International Criminal Court (ICC) jurisdiction over war crimes, defined in Article 8(2)(b) as including: "Intentionally directing attacks against the civilian population...or against individual civilians not taking direct part in hostilities." And specifically at 8(2)(b)(xx): "Employing weapons which are inherently indiscriminate in violation of international law."
The ICC Statute, along with authoritative guidance from the ICRC's Customary IHL Study, affirms customary rules prohibiting weapons calculated to cause superfluous injury (Rule 70) and requiring adherence to IHL principles like distinction, proportionality, and taking feasible precautions (Rules 11-21). The Rome Statute's Article 30 further requires intentional conduct with knowledge of the consequences for criminal liability. Showing "dolus eventualis" or reckless disregard for civilian risks can also meet this mens rea standard.
Thus, to constitute a war crime, the ICC Prosecutor must demonstrate:
Employment of prohibited weapons inherently indiscriminate or causing excessive injury;
In attacks directed against civilians or with reckless disregard for disproportionate effects;
With intent and knowledge that such consequences would occur as defined in article 30 Rome Statute.
IHL seeks to balance military necessity with humanitarian considerations, prohibiting weapons that cause unnecessary suffering or indiscriminate harm. The Israeli military employed BLU-109 bombs, as evidence showed in images taken within Gaza that closely resemble this type of munition (see Figure 1). BLU-109 bombs are typically prohibited from use in densely populated civilian areas due to their substantial destructive capacity and the high risk of collateral damage. These bunk-busting bombs are designed to penetrate hardened targets, but when used in urban environments, they can cause significant devastation to civilian infrastructure and loss of life.
Human Rights Watch and Amnesty International previously reported that Israel was using white phosphorus in Gaza and Lebanon. A quote: “The attack should be investigated as a war crime because it was an indiscriminate attack that injured civilians.” Israeli military repeatedly use white phosphorus munitions directly against civilian populations. According to reports, these incendiary weapons are deployed from the air and deliberately targeted special locations within Gaza. In a video dated the 5th of November 2023, streets filled with white phosphorus can be seen. A 4 year old Palestinian girl, called Saja Junaid was badly burned by Israeli-American bombs dropped on Gaza. She needed to be evacuated immediately to receive advanced medical attention abroad. The use of white phosphorus is a violation of international humanitarian law. This crime leads to violation of article 6, 7 and 8 of the Rome Statute.
“The use of such weapons in densely populated areas raises serious concerns as to how such attacks comply with the principles of distinction, proportionality and precautions in the conduct of military operations, given the indiscriminate effects of such weapons when used in such areas and the foreseeability of the extensive loss of civilian life,” and furthermore: “Launching an indiscriminate attack resulting in death or injury to civilians, or an attack in the knowledge that it will cause excessive incidental civilian loss, injury or damage, are war crimes.”
The UN Human Rights Council estimated that Israel continuously dropped more than 6,000 bombs per week on Gaza. Nearly half of the Israeli munitions dropped on Gaza are so-called “dumb bombs.” Dumb Bombs are bombs without any guidance systems. They are simply dropped by jets. Their lack of precision makes them highly susceptible to causing civilian casualties when used in populated areas, constituting a violation of the principles of distinction and proportionality. Israel utilizes these dumb bombs in Gaza, in addition to bombs reaching weights of up to 1000 kg, which have a fatal impact far reaching radius and resulted in many occasions in fatal destruction, death and injuries within a large area from the explosion's epicenter. The CNN reports: “Synthetic and CNN detected more than 500 craters in Gaza consistent with 2,000-pound bombs. These are 12 meters (39.3 feet) in diameter. To gather the data, CNN compiled four high-resolution satellite images from October and early November and sent them to Synthetic for analysis. The images varied in their geographic coverage, but most of northern Gaza was analyzed at least once between October 15 and November 6. Synthetic then marked the craters that appeared to match those left behind by the heavy munitions.”
The prohibited weapons, used against the civilians, cause excessive injury, unnecessary suffering and have indiscriminate effects. These weapons are strictly prohibited under international humanitarian law governing armed conflict. The way in which these weapons are used, also constitute a severe violation of humanitarian laws.
The Netherlands is looking for alternative routes for the delivery of F-35 parts to Israel. This, despite the ban imposed by the court in The Hague. This supply ban was imposed due to concerns about violations of the laws of war by Israel. Internal documents seen by NOS, reveal that the Ministry of Foreign Affairs is now looking for ways to meet delivery obligations. The Dutch government has appealed the high court's decision and is now considering various alternatives. One of the options is to ship the parts directly from the United States, the country where the parts are produced. However, experts consulted by the NOS express harsh criticism of this approach. They argue that circumventing the ban may violate international treaties.
On the 30th March 2024, the US gave permission to send heavy bombs (more than 1.800 MK84-boms of 900 kilo) and 500 (MK82-BOMS) of 450 kilo. Israel used these bombs on civilians in Gaza. They have the ability to create craters of fifteen meters deep. These kinds of weapons are not allowed to be used in crowded area’s because the risk that civilians will be hit is considerable. Israel used this type of bomb in the attack the Jabalia refugee camp. A video shows burn wounds as a result of bombing in Gaza. The video shows the horrific burns of a family, including children. During this bombing the father and six other family members were killed and four were horrifically injured. A picture dated on the 18th April 2024, shows the result of an attack on a school and a child who had serious burn injuries. A photograph dated the 19th April 2024, shows the IDF using sounds of crying children to lure Palestinians out of their tents in the refugee camps. Another source stated that Israel is using an AI-system to kill civilians.
White Phosphorus is used by Israel to inflict severe burn injuries and to cause environmental damage. Its use in civilian areas is highly controversial and can constitute a violation of IHL, particularly because it causes unnecessary suffering or superfluous injury. Usage of this prohibited weapon is in violation of the principles of distinction and proportionality. The deployment of these weapons in the dense and very populated areas in Gaza causes widespread destruction and civilian casualties. The fundamental prohibitions stem from the requirement that the means and methods of warfare not be of a nature to cause superfluous injury or unnecessary suffering beyond what is militarily necessary - the principle of humanity enshrined in customary IHL and codified in Additional Protocol I to the Geneva Conventions. Any weapons causing excessive injury or having indiscriminate effects violate this fundamental rule. The 1980 Convention on Certain Conventional Weapons (CCW) and its Protocols regulate or outrightly ban specific categories of weapons deemed to have indiscriminate effects or cause excessive injury. White phosphorus is restricted under Protocol III when used as an incendiary weapon due to its horrific burning effects, though permitted for screening, marking or signaling. Its use in concentrations of civilians would likely breach this Protocol. Similarly, unguided "dumb bombs" or gravity bombs in populated areas carry a high risk of being indiscriminate and thus prohibited under Additional Protocol I's rules on precautions and proportionality in attack.
The International Criminal Tribunal for the former Yugoslavia (ICTY) extensively prosecuted the use of indiscriminate weaponry and means of warfare causing excessive civilian casualties. Several landmark cases established key precedents:
Croatian Serb leader Milan Martić in the Martić Case, was convicted of war crimes for the unguided shelling of Zagreb using artillery, rockets and mortars without distinguishing military objectives from populated civilian areas. The Trial Chamber's legal tests for indiscriminate and disproportionate attacks provide guideposts:
Failure to distinguish between military targets and civilians/civilian areas
Causing disproportionate civilian casualties compared to anticipated military advantage
Failure to take feasible precautions against civilian harm
Treating an entire populated area as a military objective open to attack
The Tribunal emphasized:
“(…) even if an attack is directed against a legitimate military target, the choice of weapon and its use are clearly delimited by the rules of international humanitarian law. There exists no formal provision forbidding the use of cluster bombs in armed conflicts. Article 35(2) of Additional Protocol I prohibits the employment of “weapons, projectiles, and material and methods of warfare of a nature to cause superfluous injury”. In addition, paragraph 4(b) of Article 51 of that same Protocol states that indiscriminate attacks are prohibited. These include attacks “which employ a method or means of combat which cannot be directed at a specific military objective”. Last, under the terms of paragraph 5(b) of that same article, attacks must not cause damage and harm to the civilian population disproportionate in relation to the concrete and direct military advantage anticipated.”
Charges against Slobodan Milošević in the Milošević Case, included his command responsibility for the use of prohibited cluster munitions, depleted uranium projectiles and other means of warfare in targeting civilians in Croatia and Kosovo. This case demonstrated the Tribunal's recognition that employing prohibited weapons in civilian areas can substantiate war crimes charges against even the highest political and military leaders.
In another case, the Galić Case, General Stanislav Galić was convicted for his campaign of unguided artillery and mortar attacks causing heavy civilian casualties during the Siege of Sarajevo. The Chamber elaborated factors indicating illegality:
Firing powerful munitions into downtown areas with no care to distinguish military target
Firing at civilians as such or targeting civilian areas indiscriminately
Use of prohibited weapons designed to have an indiscriminate effect in populated areas
Creating a climate of terror among the civilian population
Galić was found guilty for both ordering and failing to prevent or punish subordinates employing such prohibited means and methods of warfare.
The additional Protocol I prohibits the use of weapons which are “of a nature to strike military objectives and civilians or civilian objects without distinction”. This prohibition was reaffirmed in article 8(2)(b)(xx) Rome Statute. The prohibition of weapons which are by nature indiscriminate is emphasized in many resolutions adopted by the UN General Assembly.
The International Court of Justice in the Nuclear Weapons case, affirmed that it is prohibited to use indiscriminate weapon and that this prohibition was one of the “cardinal principles” of international humanitarian law. The Court emphasized that any use of nuclear weapons would generally violate IHL principles of distinction and prohibition on unnecessary suffering:
" In conformity with the aforementioned principles, humanitarian law, at a very early stage, prohibited certain types of weapons either because of their indiscriminate effect on combatants and civilians or because of the unnecessary suffering caused to combatants, that is to say, a harm greater than that unavoidable to achieve legitimate military objectives. If an envisaged use of weapons would not meet the requirements of humanitarian law, a threat to engage in such use would also be contrary to that law.”
Certainly, as the Court has already indicated, the principles and rules of law applicable in armed conflict - at the heart of which is the overriding consideration of humanity - make the conduct of armed hostilities subject to a number of strict requirements. Thus, methods and means of warfare, which would preclude any distinction between civilian and military targets, or which would result in unnecessary suffering to combatants, are prohibited.” By extension, this reasoning prohibiting "uncontrolled" and "indiscriminate" effects causing excessive suffering applies to other inherently imprecise and injurious weaponry impacting civilians.
In the 2004 Palestinian Wall Advisory Opinion, the ICJ criticized Israel's military operations and construction methods as inflicting disproportionate harm on Palestinian civilians contrary to IHL principles, potentially constituting war crimes. While not ruling definitively on prohibited weapons, this evinced concern over Israel's means and methods apparently violating IHL - guidance arguably extensible to its use of indiscriminate or excessively injurious ordnance. Israel has repeatedly been cautioned that its targeting practices and rules of engagement in Gaza breach IHL and the Rome Statute's prohibitions on deliberately and indiscriminately attacking civilians and civilian objects. In a recent case brought by South Africa against Israel concerning the application of the Genocide Convention, the ICJ issued order for provisional measures, instructing Israel to implement measures to enable humanitarian aid and prevent (potential) acts of genocide in Gaza.
Israel's purported use of imprecise dumb bombs and horrifically injurious weapons like white phosphorus resulting in excessive civilian harm potentially contradicts this order.
The International Committee of the Red Cross's authoritative Customary IHL Study systematically reviewed and identified universally accepted rules prohibiting indiscriminate weapons: “The use of weapons that cannot be directed against military targets and whose effects cannot be limited as required by international humanitarian law. These include:
Rule 11 - Indiscriminate attacks are prohibited.
Rule 12 - Proportionality - Launching attacks expected to cause excessive harm is prohibited.
Rule 15 - Principle of precautions in attack to spare civilians and civilian objects.
Rule 70 - Weapons calculated to cause superfluous injury or unnecessary suffering are prohibited.
These customary rules form the IHL foundation for war crimes cases over prohibited weapons like dumb bombs and white phosphorus used indiscriminately and recklessly against civilians in Gaza. IHL underscores indiscriminate and excessive explosive weaponry in urban areas as a serious war crime - directly applicable to Israel's alleged conduct in Gaza.
Extensive international jurisprudence has clearly established a universal legal prohibition against employing weapons causing disproportionate, unnecessary or indiscriminate harm to civilians in armed conflicts. According to this analysis and many investigations by UN organs, other lawyers and NGO’s it is made clear that Israel willfully and recklessly used and is still using illicit "dumb bombs" and white phosphorus munitions among other prohibited weapons, in populated areas of Gaza with foreseeable effects of excessive civilian casualties, this constitutes multiple war crimes prosecutable at the ICC.
Judgments like Martić and Galić affirm that such indiscriminate bombardments violate IHL prohibitions. The ICC could prosecute all perpetrators culpable under Articles 28 and 30, extending liability up the chain to leaders displaying the requisite knowledge and intent.
The international community must robustly enforce humanitarian rules restraining the wanton use of prohibited weapons inflicting mass civilian suffering. Those responsible at any level cannot be excused and at this time, more importantly, must urgently immediately be stopped.
(article 8 (2) (b) (xxi) Rome Statute) Committing outrages upon personal dignity, in particular humiliating and degrading treatment
Stealing bodies/organs
Pursuant to article 8 (2) (b) (xxi) Rome Statute, committing outrages upon personal dignity, in particular humiliating and degrading treatment, is classified as a war crime. Over the past several months, multiple reports from journalists and civilians have shown the demolition of cemeteries, abuse of bodies and returning of bodies with stolen organs by the Israeli regime.
There is ample evidence that the IDF stole buried bodies in Gaza. According to the Al-Shifa Hospital, the Israeli army stole bodies from the Al-Shifa hospital. When the bodies were returned, the doctors examined the bodies before burial. They found missing organs, body parts and damaged bodies. After complaints, the Israeli regime has returned 80 stolen organs.
Another video dated the 27th of December 2023, shows a report in which the Palestinian media office in Gaza accused Israel of stealing organs from the bodies of Palestinians and urged for an international probe into these incidents. An examination of bodies Israel returned to Gaza after having seized them, revealed that their shapes had changed “significantly” due to the extraction of vital organs, local authorities added. It has also been said that the Israeli army has repeatedly stolen organs from bodies of dead Palestinians during its war in Gaza and has even exhumed corpses from graveyards. The Palestinian Health Ministry in Gaza received the bodies through the Kerem Shalom border crossing in southern Gaza. “The bodies arrived inside a container, some intact, while others were in pieces, and some others had decomposed,” Marwan al Hams, the director of Mohammed Yousef el Najar Hospital in Rafah city, told Anadolu Agency.
The Israeli regime denies involvement, but according to the hospital, Israel stole organs and body parts. In a video dated the 19th of November 2023, a doctor admits that they were using Palestinian bodies for stealing organs. Israel has been selling organs of the Palestinian people for the last several years. The anatomist Meira Weiss admits they had taken organs of Palestinians and Immigrants and foreign-workers. She also stated that they have the biggest skin bank in the world.
In a video the mistreatment of civilians can be seen, as the bodies of dead Palestinians are damaged. On the 29th of October 2023, the IDF attached a body to a tank and drove some distance with it. Another video shows a Palestinian boy who lay on the ground before an Israeli tank drove over him. On the 30th of October 2023, IDF soldiers can be seen abusing the dead. A video the 12th of november 2023 shows a tank driving intentionally over a civilian.
On the 31st of January 2024, bodies were found of about 100 unidentified Palestinians who had finally been laid to rest at a mass burial site in Gaza after Tel Aviv handed over the stolen bodies its troops had taken to Israel. The bodies were placed into graves in the southern city of Rafah before bulldozers piled sand over them. Palestinian officials said the bodies included victims of Israeli aggression and corpses that had been dug up when Israeli forces pushed deeper into Gaza and ransacked numerous cemeteries. Health officials said the remains included “full bodies, half bodies and body parts.” Authorities in Gaza have accused Israel of harvesting the organs of the Palestinian bodies they stole from Bani Sheila cemetery, east of Khan Younis, around two weeks before.
On the 2nd of February 2024 in a school in Gaza, the remains of 30 Palestinians were discovered dumped in plastic bags, with their bodies numbered and tagged. They are reported to have been executed, in another display of war crimes by the Israeli occupation forces. Although the deceased have not yet been identified, it is suspected they are some of the abducted Palestinians seen in videos being stripped and humiliated by Israeli forces in December.
Another recent video dated the 21st of April 2024, the discovery of graves at Al-Nasser hospital in Khan Younis can be seen. Workers found more than 150 buried dead bodies. According to the Civil Defense, at least 20 civilians had been buried alive in the mass grave. They also stated the discovery of traces of torture on the bodies and field executions. Three separate mass graves have been discovered behind the hospital. Other evidence shows the wrist of babies, children and adults, who had been tied up. They found more than 400 bodies.
For the surviving families it is essential to ensure the dignity of dead bodies and have emotional closure. “The bodies of people who have died following wounds sustained in a natural disaster or armed conflict almost never pose a health danger to communities. This is because victims who have died from trauma, drowning or fire do not normally harbour organisms that cause disease with common precautions. The exceptions are when deaths occur from infectious diseases such as Ebola or Marburg diseases or cholera, or when the disaster occurred in an area endemic for these infectious diseases”, according to the World Health Organization. Furthermore, under any circumstance, dead bodies near or in water supplies can lead to health concerns, as the bodies may leak feces and contaminate water sources, leading to a risk of diarrheal or other illness. Bodies should not be left in contact with drinking water sources.” According to the Red Cross and WHO.
Demolishing cemeteries
A satellite picture shows the bulldozed cemetery in Gaza. Another picture shows the cemetery on the 6th of December 2023 and then on the 10th of December 2023. In this picture three demolished cemeteries in Gaza can be seen. Another video released on the 16th of December 2023, shows that Israel razed at least 6 cemeteries in Gaza. The army had even placed its military post at one of the cemeteries. Satellite images show Israeli armored vehicles in a section of the cemetery that was intact just days before. According to 'The New York Times', the army destroyed the graves using a bulldozer. The American newspaper emphasizes that: “The deliberate destruction of religious sites without military necessity is considered a war crime under international law.” Till now, at least 16 cemeteries have been destroyed in Gaza. According to a video released on the 24th March 2024, mocking of dead civilians can be seen.
Article 8 2 (b) (xxiv)Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
Red Cross/other social workers
Pursuant to article 8 2 (b) (xxiv) Rome Statute, intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law is prohibited. According to article 63 (a) Fourth Geneva Conventions, 1949 the Red Cross shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross. As well known, the Red Cross is a recognized Organization who has the right to continue their activities in also occupied territories. A direct attack leads to a violation of article 18 of the Additional Protocol II to the Geneva Conventions, 1977 and article 1 of the Additional Protocol III of the Geneva Conventions, 1977.
During the attacks in Gaza, the vehicles of the Red Cross were targeted with no legitimate reason on the 8th of November 2023. The vehicles of the Red Cross that were full of fresh water had been attacked by the Israeli Military, while they were on their way with medical supplements and water to provide to civilians. One of the leaders of the Red Cross delegation in Gaza also said: “Not to hinder or to stop, that is a legal obligation under international humanitarian law.”
A video dated the 4th of January 2024, shows the first moments of the targeting of the PRCS headquarters in Khan Younis, which led to the killing of one person and six injuries. A video dated the 22nd of December 2023, shows the Footage of the aftermath of attacks on the PRCS headquarters in Jabalia, northern Gaza. The video shows the devastation at the PRCS. According to news reports on the 2nd of February 2024, the Director of the Youth and Volunteers Department at the PRCS headquarters and Al-Amal Hospital in Khan Yunis Hedaya Hamad died because she was shot at by the Israeli army in the siege of PRCS headquarters and Al-Amal hospital in Khan Yunis. During the attack, she was rescuing the injured and displaced civilians who were sheltering at PRCS after being attacked by Israeli soldiers. Another video released on the 8th of February 2024, shows Israeli forces targeting Palestinian Red Crescent teams. The footage shows a paramedic from the Red Cresent team Mohammed Al- Omari being shot by the IDF and many colleagues and civilians who were killed and injured. You can also see clearly in the footage that the ambulance was deliberately targeted and a bullet went through the windshield of the ambulance. This happened, despite the coordination and road map that was directed for them to use for safe passage.
On the 27th of February 2024, the Israeli Regime attacked several ambulance and medical workers from the Palestinian Red Crescent, which made it impossible to assist medical assistance to the civilians in Gaza. Furthermore, several medical social workers had been detained for 18 days by the Israeli Military. They were detained during the siege of the Al-Amal Hospital by the IDF. Their fate remains unknown. The Palestinian Red Crescent stated that they can no longer carry out coordination procedures to provide medical assistance to civilians in Gaza. They made this known after several ambulances and emergency workers were attacked by the Israeli army. The safety of emergency workers, victims, ambulances and emergency centers is not guaranteed. Israel has also been holding medical workers for 18 days.
The next video at 3th April 2024, shows the attacked World Central Kitchen vehicle whereby seven aid-workers have been killed. The UNRWA Health Centre was completely destroyed.
ARTICLE 8 (2) B: (xxv) Rome Statute) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions; Denying civilians of water, food, aid and demolishing the instruments to get access to it
Pursuant to article 8 (2) (b) (xxv) (2) (xix) of the Statute of Rome, when civilians are denied the basic right to water, food, and medicine, it constitutes a war crime. The Israeli regime is violating this right by denying the civilian population of Gaza food, water and other supplies. When starvation is used as a method of warfare, it leads to the extermination of the civilian population. Under the definition of “Extermination” this includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population.
Food is a common denominator for human survival. Being free from hunger and maintaining access to food are fundamental underpinnings for the survival of a human society. Therefore, starvation is a real threat to civilians in an armed conflict, since starvation is the most extreme form of hunger; death by starvation is the result of a chronic, long-lasting and severe period of hunger and is ultimate evidence of a continued right to food violation. According to humanitarian guidelines, the minimum food intake per day for an individual is 2100 kilocalories. According to article 38 (1) of the Fourth Geneva Convention (Commentary of 1958) every civilian has the right of aid that is being sent to him.
According to Article 55 of the Fourth Geneva Convention, 1949 and article 69 of the Additional Protocol I to the Geneva Conventions, 1977 civilians have a right to bring aid into occupied territory. According to news reports and social media posts, the IDF is blocking aid and is therefore violating the law. Starvation is being used by the IDF as a method of warfare. The denying of accepting aid and food outside the occupied territory is also a clear the breach of the articles 38 (1) and article 55 of the Fourth Geneva Convention (Commentary of 1958).
It is forbidden to use the starvation of civilians as a method of warfare. This leads to a breach of violation of article 3 of the Geneva Convention,1949. Article 54 (1) Protocol 1 Fourth Geneva Conventions, 1949 and article 14 Protocol II of the Fourth Geneva Conventions, 1977. These articles spell out fundamental guarantees, including the prohibition on ‘violence to life, health and physical or mental well-being' and collective punishments against persons not taking a direct part in hostilities.
According to a report by the United Nations Human Rights: “The severe restrictions on the supply of basic services and humanitarian aid imposed by Israel on Gaza have raised the specters of famine, dehydration, and the spread of disease. Most of the population has been repeatedly displaced and crammed into shelters. The blockade and siege imposed on Gaza amount to collective punishment and may also amount to the use of starvation as a method of war, which are war crimes, and may also, depending on further investigation, amount to other serious crimes under international law, the report states.”
During the conflict the IDF intentionally denied civilians enough water, food and aid and violated the Rome Statute and the Geneva Conventions. Several sources show that Israel has full control over access to water in Gaza. During the war, they cut it off all the water and only allowed for one source of water for more than 2 million civilians in Gaza. A video on this subject shows dire water shortages.
It is essential to prevent famine and outbreaks of disease in Gaza. WFP Executive Director Cindy McCain said that “People in Gaza risk dying of hunger just miles from trucks filled with food,” and furthermore: “Every hour lost puts countless lives at risk. We can keep famine at bay but only if we can deliver sufficient supplies and have safe access to everyone in need, wherever they are.” The population skip meals everyday which includes children. In the following weeks, the pre-crisis conditions will increase by 30 percent which will affect up to 10.000 children in Gaza. “Children at high risk of dying from malnutrition and disease desperately need medical treatment, clean water and sanitation services, but the conditions on the ground do not allow us to safely reach children and families in need,” said UNICEF Executive Director Catherine Russell. “Some of the material we desperately need to repair and increase water supply remains restricted from entering Gaza. The lives of children and their families are hanging in the balance. Every minute counts.” The WHO Director-General Dr Tedros Adhanom Ghebreyesus added that unimpeded, safe access to deliver aid and a humanitarian ceasefire was needed to prevent further death and suffering.
According to an article which was published on the 22nd of February 2024 by World Health Organization and United Nations Children’s Fund, water is essential to ensure the access to safe water, sanitation, the importance of hand hygiene, the availability of IPC supplies, and the appropriate selection and use of personal protective equipment based on risk assessment. There were severe shortages of food, clean water, and medical assistance in Northern Gaza.
According to UNRWA, the entire population of Gaza relies on aid to survive. Despite two borders in the south and the multi-layered vetting process for trucks for entering into Gaza, humanitarian assistance was made impossible.
Water in Gaza is supplied from desalination plants, groundwater and imports from Israel. Civilians are dependent on Israel to get access to water. Israel has full control over water in Gaza and the West-Bank. Access to water has been closed off by Israel.
UNRWA warned on the 14th of October 2023 that water was running out for over two (2) millions people in Gaza. On the 15th of October 2023, Israel stated that water was back in supply, however this turned out to be untrue. On the 5th of November 2023, social media reports showed the destruction of the main water source in Beith Lahia in Gaza. This source was providing water to 70.000 people. Also Palestinians are forbidden to collect rain water for domestic or agricultural needs, as Israel deems it to be Israeli property.
When there was a short of water, a lot of civilians start to drink salty water from the sea because they didn’t have access to water, because Israel shut this down. A statement on 5 November 2023, that Israel destroyed the main water source that provides water to 70,000 people in Beit Lahia, Gaza. Besides water, food shortages are also common in Gaza. Over a hundred vehicles are being blocked at the border. Every day, the Israeli military only permits a couple of vehicles to enter. According to the truck drivers, the military bombed them when they stopped on their way to provide civilians along their route with some aid. Pregnant women don’t have enough food which leads to miscarriages. A Picture shows the UNRWA food convoy waiting to move into Northen Gaza which was hit by Israeli gunfire. Due to the lack of milk and food a photograph dated the 24th of February 2024, shows a baby who died in North Gaza. Another Palestinian child, named Mohannad Al-Najjar, died of starvation on the 19th of March 2024 in Gaza.
In the next video, children can be seen who are looking for drinking water. Civilians who were looking for food and water were intentionally attacked by the IDF. This is a clear breach of the Rome State, under war crimes, as the attack is intentionally directed against the civilian population.” Attack directed against any civilian population” pertains to a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack.
Because of a shortage of food, civilians tried to get their own food by other means. They started using their fishing boats to catch fish. These fishermen were attacked by the IDF. the. On the 12th of November 2023, Israel continued further attacks on civilian fishing boats. In another video, the Israeli military can be seen while they open fire on Palestinian fishing boats in the Mediterranean Sea near Gaza. The IDF launched more attacks on fishing boats on the 24th of February 2024.
On the 20th of January 2024, a doctor said that her friend drank water and ate leaves off trees to survive. Causing these situations is a clear breach of the Geneva Conventions, 1949 and the additional Protocol II of the Geneva Conventions, 1977.
In a video released on the 23rd of February 2024, a young man reported that there was no flour and another child said he had to eat animal feed. Furthermore, CNN's Nic Robertson reported on food shortages in Gaza, which were causing citizens to become increasingly desperate, which resulted in looting of food aid trucks as delivery was paused in some areas. Citizens were also seen eating grass and drinking polluted water to stay alive. Another photograph of the 18th of February 2024, shows civilians eating cattle feed and hay as breakfast.
Save the Children reported that denying access to food and basic supplies would have lifelong consequences for Palestinian children with rising numbers at risk of malnutrition. It also stated that the Israeli-imposed siege had left one million children in Gaza without enough to eat, including about 335.000 children under five who were at risk of severe malnutrition or starvation. Save the Children’s staff said that they were unable to find essential food items in markets. There was a severe shortage of food, organizations providing food assistance had found that families’ food supplies were depleting more quickly than could be replenished through the trickle of aid allowed into Gaza. Outside Gaza more than hundred vehicles with aid were waiting to enter to provide humanitarian aid.
According to the head of the United Nations Office for the Coordination of Humanitarian Affairs, Ramesh Rajasingham, “one quarter of the population” in Gaza was “one step away from famine,” while the “entire population is left to rely on woefully inadequate humanitarian food assistance to survive.”
In the following video a Palestinian child is crying from hunger, pleading, ‘Look at the people in north Gaza; they have started grinding bird food to eat because of hunger.’
On Tuesday, the UN’s humanitarian office (OCHA) warned that widespread starvation in Gaza is ‘almost inevitable.’ According to UNRWA, two Palestinian children died from starvation within 24 hours.
According to the head of the United Nations Office for the Coordination of Humanitarian Affairs, Ramesh Rajasingham, “one quarter of the population” in Gaza is “one step away from famine,” while the “entire population is left to rely on woefully inadequate humanitarian food assistance to survive.” Another video shows a Palestinian child who is crying from hunger, pleading, ‘Look at the people in north Gaza; they have started grinding bird food to eat because of hunger.’ On Tuesday, the UN’s humanitarian office (OCHA) warned that widespread starvation in Gaza is ‘almost inevitable.’ Two Palestinian children died from starvation in the past 24 hours. According to UNRWA. Another Palestinian child, named Mohannad Al-Najjar, died of starvation on the 19th of March 2024 in Gaza. According the United Nations Agency, Philippe Lazzarini UNRWA commissioner-general stated that two children died due to the heat in Gaza because of lack of water.
Josep Borrell, highest diplomatic of the European Union declared that Israel is using hunger as a weapon of war.
CONCLUSION:
Individual Criminal Responsibility
According to article 25 (3) Rome Statute and international jurisprudence, individual criminal liability can arise from all modes of participation in war crimes. In the Lubanga case, the majority decision in paragraph 994 outlined the basic requirements for direct co-perpetration under Article 25(3)(a) of the Rome Statute:
An agreement or common plan existed between the accused and at least one other co-perpetrator, which, if carried out, would ordinarily result in the commission of the crime.
The accused made an essential contribution to the common plan, without which the common purpose could not be achieved. This contribution can be made through physical perpetration, planning, or organizing the crime.
The accused intended to commit the crime or was aware that the consequences would occur in the ordinary course of events when implementing the common plan.
The accused was aware of their essential contribution to the implementation of the common plan.
Political leaders, military commanders, operational planners - even arms manufacturers or suppliers - could potentially face charges depending on their degree of involvement and knowledge.
Such doctrines provide a framework for evaluating responsibility up the chain of command regarding Israel's policy decisions in Gaza. For war crimes charges, the ICC Prosecutor must establish the requisite mens rea of intent and knowledge under Article 30 of the Statute.
Direct intent involves purposefully employing prohibited weapons and methods calculated to yield their criminally proscribed effects. Indirect/oblique intent covers situations when the perpetrator was aware the prohibited consequences would occur in the ordinary course of events.
However, even reckless disregard for manifest risks - known as "dolus eventualis" in the "had to know" formulation - can satisfy the intent requirement according to the ICC's jurisprudence.
Public statements and military documentation demonstrating Israeli leaders' awareness of the foreseeable effects of the blockades of access to basic humanitarian supplies and of the dumb bombs and white phosphorus in dense Gaza could prove such reckless intent.
The "knowledge" element is met if those deploying the weaponry understood their nature as indiscriminate or excessively injurious Information demonstrating precautions ignored, flagrant risks disregarded, or consistent patterns of prohibited conduct despite international warnings and condemnations could substantiate these mens rea factors. The ICTY considered such factors in convictions like Galić, finding criminal recklessness through sustained indiscriminate bombardments with willful disregard for known impacts on civilians.
While already constituting serious war crimes, certain severe or systemic uses of prohibited weapons could potentially rise to even more egregious offenses depending on contextual factors. For example, using inherently indiscriminate or excessively injurious weaponry intentionally as part of a widespread or systematic attack on civilians could constitute crimes against humanity under Article 7 of the Rome Statute. More gravely, if the ICC Prosecutor found that reckless or willful bombardment using such prohibited arms formed part of a broader policy designed to systematically destroy the Palestinian population in whole or in part, charges of genocide could potentially become viable under Article 6 of the Rome Statute.
In accordance with the Genocide Convention's requirements (Article 1) for States Parties to prevent and punish genocide, the Rome Statute and the Geneva Conventions, the global community led by the United Nations and the International Criminal Court must urgently intervene and initiate comprehensive investigations of these alleged acts of genocide, crimes against humanity, and war crimes being perpetrated against Palestinians in Gaza.
Under the Rome Statute's principle of complementarity, the ICC can exercise jurisdiction over these alleged atrocities if Israeli domestic authorities are deemed unwilling or unable to genuinely investigate and prosecute the suspected crimes themselves. With Israeli officials at the highest levels potentially being implicated as bearing responsibility and intent for these policies and practices constituting genocide, independent international legal processes may be required.
Only by ensuring perpetrators of these most heinous international crimes face true accountability can the cycles of violence potentially be stopped and some measure of justice and deterrence achieved for the victims and vulnerable Palestinian civilians of Gaza suffering unconscionable brutalities.
Holding Israel legally accountable for alleged acts of genocide, crimes against humanity, war crimes and other international humanitarian law infringements against Palestinians in Gaza should be an urgent global priority.
On behalf of the above mentioned persons, we request the Prosecutor of the ICC to investigate the crimes committed by the Israeli Regime especially the aforementioned persons above.
Amsterdam, the 4th of May 2024