No Exit From Gaza: A New War Crime? (original) (raw)

The war in Gaza and the Israeli-Palestinian conflict: A turning point in the midst of an endless cycle of violence

Xavier Pons Rafols, 2024

The purpose of this essay/editorial - closed on 8 January 2024 - is to formulate as fully as possible, although necessarily provisional, an approach from the perspective of International Law to the war in Gaza that began a little over three months ago, and more generally to the Israeli-Palestinian conflict that has lasted at least seventy-five years, with the creation of the state of Israel, the first Arab-Israeli war and the Nakba to which the Palestinian people have been condemned. In other words, this is a brief international legal approach to a moment of crisis and intensification of a historic conflict that, in these months, has been a real turning point in the endless cycle of violence that has plagued the region for decades. To this end, this essay addresses various issues of international legal relevance in relation to the current war in Gaza, such as the conceptualisation of international terrorism; the justification of legitimate self-defence used by Israel and, in particular, the conditions required by International Law for its exercise; as well as the possible commission of serious crimes of international concern - war crimes, crimes against humanity and genocide -, the applicability of International Humanitarian Law and the call for individual criminal responsibility in this context. This essay also analyses the response of the international community organized in the United Nations to the current war in Gaza, highlighting the insufficient action of the Security Council during these months of acute crisis, the majority reaction of the General Assembly calling for a cessation of hostilities, and the repeated and futile humanitarian appeals made by its Secretary-General. In order to place the current crisis in the perspective of the Palestinian-Israeli conflict, there are also briefly discussed the historical and political context, in particular the results of the occupation of territories in the Six-Day War of 1967, the consistent position of the General Assembly on the Palestinian question, the United Nations action on human rights in the Occupied Palestinian Territories, as well as the Security Council’s action on these Territories and the proposed peace initiatives, in particular with regard to the two-State solution. The essay concludes with concluding remarks and an epilogue where, in view of the current humanitarian catastrophe and the protracted nature of the conflict, calling for an immediate cessation of hostilities and the release of hostages, and for the current phase of the conflict to become a genuine turning point that can be grasped as an opportunity for peace in the region.

Reflecting On Gaza War

At the end the two weary combatants found each other soft spot and directed their blows yonder. Hamas, who found his long range rockets successfully blocked by Israeli anti missile systems, increased his mortar and short range missiles attacks on Israeli Kibutzim, villages and towns scattered around Gaza border, directing the daily dose ( around 150 rounds ) on one of them to maximise it's impact. These attacks , currently immune from any active defensive measure, brought the population there to the brink of despair which echoed well on Israeli television screens. Israeli government found it impossible to continue it's wise attrition strategy against a stubborn yet isolated and badly damaged opponent , cut from military supplies and having to rely on Israel humanitarian supplies to provide for need of the population under his control. Israel , on the other side, found that out of the thousands building destroyed or damaged thorough the 50 days violent conflict, Hamas and Gaza population were most sensitive to the destruction of high rise buildings ( 10 to 20 stories high ). Israel directed it's attacks on these buildings and it seems that the trauma of watching collapsing towers was too much for Hamas and he accepted an unlimited unconditional cease fire that will be followed by discussions in Cairo a month later. Many in Israel ask themselves why the army did not pick this strategy earlier. Throughout the conflict one had the feeling that parts of Gaza were immune from bombings and it turned out that once this immunity was lifted ,Hamas hurried to a cease fire.

Hamas, Israel, and Gaza From The 'Flood of the Aqsa' to the Emptying of the Strip Decision Making between Right and Wrong

Academia, 2023

The ongoing 'Flood of the Aqsa' since October 7, 2023, raises three pertinent questions: 1-Does the release of Palestinian detainees merit the value of sacrifices made by Gaza and the West Bank so far, in terms of human lives, properties, production centers, the Palestinian cause, in terms of the future, and as an entity? 2-Has Hamas, through its operation, provided a golden opportunity for Netanyahu's government and the extreme-right Israeli faction to directly end the Palestinian issue, in Gaza and in the West Bank, thereby displacing Palestinians? 3-Did Hamas intend to reaffirm its resilience, resistance, and leadership on the Palestinian scene by compelling Israel to accede to its conditions through the exchange of its captives for Palestinian detainees? It concludes with a fundamental question based on the long military conflict between PLO and Israel which ended in a compromise, even if it failed: will the current war pave the way for peace in the region? The long intermittent ceasefires over the last decade between Israel and Hamas suggest the possibility of coexistence between the two peoples. However, achieving this necessitates there is need for a sincere will and a rational and just approach focused on sovereignty and independence. Realpolitik on both sides is essential for such a solution, but it is currently lacking amid the smoke of battles and mass destruction.

The War in Gaza Escalating to Stalemate

Analysis Brief, 2009

The ongoing war in Gaza is a typical case of a war that is not meant to offer any significant change to the general equilibrium of the conflict. It is a strategic “World War I”, an inconclusive trench war which was born out of the impasse of a truce and is destined for the stalemate of another one. It is an escalation towards a situation of limited options. Moreover, it is asymmetrical not only in terms of means and actors but also and most importantly in terms of aims: the Israeli side strives for military goals while Hamas’ objectives are political.

CHARTING A NEW COURSE Overcoming the stalemate in Gaza

This report was initiated by members of the Association of International Development Agencies (AIDA). Signatories to this report include AIDA members and members of other regional coordination networks. Suleiman built a small one-room shelter for his family using the rubble of his house, which was bombed in August 2014. 'This was the only solution for us. Life is getting even more unbearable. We are hoping for one thing: reconstruction. But honestly, I don't know if I should keep In 2014, after unprecedented destruction and suffering in Gaza, international donors pledged $3.5bn and a change in approach. Six months later, reconstruction and recovery have barely begun, there has been no accountability for violations of international law, and Gaza remains cut off from the West Bank. This paper outlines an achievable course of action to address the root causes of the recurrent conflict and put international engagement with Gaza on the right course.

Gaza 2014: Israel's Attrition vs Hamas' Exhaustion

Parameters, 2014

ABSTRACT: While Hamas adopted a strategy of psychological exhaustion of Israel's civilians, Israel employed physical attrition of Hamas' military capabilities. This article examines how these strategies inter acted with each other, assesses the strategic gains and losses on each side, and suggests some lessons relevant for American strategists. ********** Operation "Protective Edge" is the Israel Defense Forces' name for its latest military operation against Hamas and other terrorist organizations in Gaza during the months of July-August 2014. This article analyzes the competing strategies of Israel and Hamas in this specific bout of fighting and assesses how effective they were in achieving their political ends. By strategy we mean how each side attempted to optimize its physical and psychological use of violence in achieving its political goals. Strategy is the art of deciding what violent acts would best assist in bringing about one's political goal, and...

Decoding Israel's Gaza Strategy By Maj Gen Neeraj Bali, SM (Retd

Chanakya Forum

I dissect and decode Israel's strategy in the war against Hamas. Eight months after Hamas breached the ‘impregnable’ Israeli border defenses, Israel continues its response. The IDF has killed many Hamas terrorists, but challenges remain, including underground tunnels. Israel’s strategy aims for complete Hamas decimation and hostage recovery, ensuring safety and restoring public faith. However, disagreement persists on whether eliminating Hamas—an idea—through collateral damage is feasible. What are the implications of this strategy? How successful is Israel likely to be?