War between successive peoples is considered a moral evil, and indicates an increasing collapse of the values of human rights and law

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How important is it that we see accountability for military crimes in the current Gaza war (especially in light of the indictment of the Israeli Prime Minister and Defense Minister for war crimes by the ICC)?

The decision of the Prosecutor of the International Criminal Court to indict is an historic decision par excellence. We have been waiting for this since 1948 and later since 2014: after the entry of ICC jurisdiction over Palestine. It is a first step to achieving accountability for the international crimes committed by the Israeli army against Palestinians over many years.

‘Whilst the indictment did not address all the crimes committed against Palestinians in the West Bank and Gaza Strip, it is a symbolic message. It has a legal and political dimension indicating the possibility of no more immunity for criminals and no impunity for violence against Palestinians in the future.’

With ongoing atrocities in Gaza, there is likely to be a collective trauma amongst Palestinians. In your opinion, how might it be possible to re-humanize this conflict and the people in it once direct military action has ceased?

‘In my opinion, the civilian population in the Gaza Strip has been under a racist colonial military occupation since 1967, and the people have been refugees for 76 years. For the last 17 years they have lived under a strict military siege from land and sea, and under direct bombardment. Since the beginning of the Israeli military operation in 2024, they have cut off water, food, medicine and electricity, and destroyed homes and infrastructure. In this situation the civilian population do not expect justice, they just want the aggression and killing to stop.

‘The Israeli military and authorities need to treat people in Gaza as human beings that are part of society. People with the right, like other peoples of the world, to self-determination and to live in dignity, security and safety without occupation.

‘[After a ceasefire has been called] massive interventions will be required to provide all the necessities of life and to enable the population to enjoy human rights according to international law. Work will also be needed to help rid children of the psychological issues resulting from the aggression and deprivation of the last  230 days on top of the siege of the 17 years before that.’

In your role as Director of DCI-Palestine,you have direct experience of the importance of humanitarian organizations. What is their importance in the current conflict, and how can children’s rights in particular be safeguarded?

‘The work of human rights and humanitarian organizations is very important in order to help the victims and provide some services and assistance to them. But they also work to preserve hope for future generations, especially children. We are aware that the Israeli occupation wants to kill the hope of children and youth. Our work is to help victims build their capabilities in accordance with international law. Working as human rights defenders is to preserve hope and aspire to a better future and a just peace free of occupation and crime.’

The IHSA Annual Lecture 2024: ‘War and Humanity’

‘Human scientific efforts have been put towards generating ever-more deadly weapons, and conflicts are now most often settled militarily, rather than diplomatically; conflicts are no longer resolved through moral reason and law, nor through political negotiations, but through wars with well-organized armed forces.

Warring parties target civilians and civilian infrastructure as a weapon of war: war is no longer limited only to the battlefield. The different types of weapons and the killing, destruction and atrocities targeting the civilian population are now more prolific than ever before. It takes successive generations to overcome the results and consequences of war, to rebuild what was destroyed and provide the necessities of life.

‘The various legal and judicial efforts to enshrine the value of humanity in times of war have a number of shortfalls. Given that humanity is the opposite of war, human dignity requires the peaceful settlement of conflicts between and within societies. Individuals and groups should be treated in accordance with human rights standards. They have the right to live in peace and their human rights should be protected through legal systems and international human rights standards. Commitments within and between communities should be permanently respected.

As the war on Gaza continues to unfold, Israeli forces (and Hamas) have violated international humanitarian law  – including the fundamental right to life, the massive destruction of infrastructure and a growing famine in the territory – many times. Their rights infringements include administrative detention for civilians in the West Bank, including children and a lack of information about detainees in the Gaza strip.

There is a significant issue here with double standards, especially when we look at the refusal of Israel to follow decisions made by the International Court of Justice. If International Humanitarian Law is to be upheld, it must be upheld by everyone, regardless of their international alliances.

‘It is now time to activate the international accountability system by stopping the policy of impunity, eradicating hypocrisy and double standards, in order to reach a world free of wars, where justice and humanity prevail.

We cannot have a “two-level” system of international law and accountability. States and warring parties should not be free of their international obligations, especially around protecting civilians and the most vulnerable. If we fail to uphold standards within this war, we may find far-reaching repercussions in the future.’

The 2024 IHSA Annual Lecture was followed by a roundtable discussion on the theme of ‘War and Humanity’. The next blog in this series will include the contributions from expert panellists from that discussion.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the Authors:

Khaled Quzmar

Khaled Quzmar has worked with Defence for Children International – Palestine (DCIP), since 1985. He is a lawyer by training and profession, and as part of his work with DCIP he has represented hundreds of children held in arbitrary detention, tortured and otherwise mistreated by the Israeli government.

DCIP as an organization works on documenting human rights abuses, advocacy and campaigning on the right to a childhood. The organization also works within the Occupied Palestinian Territories, including with the Palestinian Authority, on child protection, education and access to justice. For their work on protecting the rights of children, Khaled Quzmar and DCIP were awarded the 2023 Rafto Prize.

Tom Ansell is the Coordinator of the Humanitarian Studies Centre and International Humanitarian Studies Association.

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