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OP/ED - Israel and Hamas remain locked in a race to the bottom, where civilians on both sides become the bloody fodder in an intractable fight. The actions of Hamas defy defense. Hamas’ killing of innocent civilians, including women and children, lay bare any claim of moral behavior by Hamas, and undoubtedly weaken Palestinian sympathy built from decades of harsh Israeli repression inflicted on the people Israel has colonized. Israel works hard to protect its citizens, but the same cannot be said for Hamas. Indeed, Hamas appears to see its civilian losses more as a means to engender sympathy and has therefore discouraged evacuations. While Israel says that it attempts to reduce the killing of Gaza’s civilians, Israeli actions demonstrate a far more callous disregard for human life.
Israel has a chance to solve the Hamas problem without mass killing and injury to noncombatants. The civilians of Gaza have no ability to control or limit the actions of Hamas. Hamas rules without elections and without the consent of those it controls. But if allowed, these noncombatants can escape and leave the area of conflict. So far, Israel has refused a humanitarian corridor. Indeed, the Israeli President argues that all Gazans are responsible for the actions of Hamas. Such obvious falsehoods merely create an excuse for the Israeli war crimes being committed. If Israel allows an orderly withdrawal of civilians from Gaza, Israel can ensure that those fleeing are not Hamas personnel and would be able to retake the area with limited civilian casualties. It appears Israel will not allow this humane method.
Israel appears to be choosing a far more sinister approach: deny millions of innocents food, water, and medicine. Then, upon these weakened civilians, Israel will conduct massive bombings, fully understanding that civilians cannot flee and that civilian losses will be staggering. Israel has offered residents a 24-hour evacuation option. But Israel simultaneously withholds all gasoline, food, and other essentials, thereby making it impossible for most civilian to avail themselves of this “option.” Israel’s offer of 24-hour evacuation option is nothing more than a publicity stunt.
No military justification exists for these Israeli actions against civilians. The horror being inflicted upon these noncombatants serves only to terrorize those already incapable of controlling Hamas violence. Surely, no one thinks that what limited supplies of food, water and medicine that remain in Gaza are not diverted to the Hamas rulers. The cruelty of Israeli forced starvation, thirst and medical deprivation will be borne by civilians unable to flee. Not only is this a clear violation of the Geneva Convention, but this crime also brings memories of other regimes that have imprisoned mass civilian populations and then used starvation and similar deprivations to kill or injure these trapped civilians. After WWII the allied powers attempted to make such behavior criminal. However, Israel has steadfastly refused to submit to the jurisdiction of the International Criminal Court and has long evaded responsibility for past actions in Gaza and Lebanon that many consider war crimes. This apparent impunity emboldens Israel to commit further such crimes.
Certainly, the actions of Hamas also constitute a crimes against humanity. Hamas’ actions in targeting civilians are indefensible. Fortunately, the United States does nothing to enable these crimes of Hamas. For the United States, however, Israeli misdeeds must be understood as having been enabled by the United States. Thus far, estimates of Israeli killings exceed 2,200 in Gaza with more than half women and children. The civilian death toll in Gaza has barely started. Israel’s planned ground attack promises to kill and injure far more innocents. Israel delivers civilian death with bullets and bombs largely marked “Made in the USA.” When Israel does so in violation of the Geneva Convention and other international law, Israel undermines America’s moral authority throughout the World and threatens our ability to lead. Therefore, our enablement of Israeli violence brings with it special obligations for the United States to control Israeli violence.
At a minimum, the United States must insist that Israel comply with international laws regarding treatment of civilians. Israeli leaders must respond to indictments made through the International Criminal Court and use international legal process to defend their actions. Just as Putin fears leaving Russia for crimes committed in Ukraine, the bad actors on both sides of this conflict must be made to fear international prosecution for war crimes.
The basic legal framework for human protection in war comes from several sources. In 1949 the Geneva Convention included a treaty on the Treatment of Civilians in War. In 1977 two additional protocols were established for protection of civilians in international armed conflicts (Protocol 1) and non-international armed conflicts (Protocol II). The Hague Conventions also include a series of treaties that address, among other things, the treatment of civilians. Customary International Humanitarian Laws similarly apply to all nations, regardless of their agreement through treaty. The creation of the International Criminal Court through the Rome Statute stands ready to enforce those laws. Together, these laws require a distinction between combatants and civilians, prohibit civilian targeting and establish principles of proportionality.
Whether Israeli retaliation is proportional remains to be debated. However, Israeli denial of food, water and medicine to mass civilian populations unquestionably violates international law and constitutes a war crime. Israel has also been reported to have resumed attacks with chemical weapons (white phosphorus) in civilian areas. Chemical weapons kill indiscriminately, as Israel demonstrated through its use of such chemical weapons during prior attacks on Lebanon and Gaza. After high civilian deaths caused by these chemical weapons, Israel had previously indicated that it would cease chemical weapons attacks. Israel has now abandoned this promise.
Because the United States serves as the main supporter of Israel, Americans must take a stand on the morality of Israel’s behavior in war. Our failure to do so imperils our relationship with all other nations of the World, and particularly with those nations committed to ethical treatment of human beings. If we fail to do so, our conscience bears the stain of having supported and enabled Israeli misbehavior. America has long stood as a beacon of human rights and individual liberty. If we allow Israel to use our support to undermine human rights and commit war crimes, then Israel will have cost us far more than the billions of aid given and the respect among others in the World: Israel will have undermined our fundamental American values and taken our moral righteousness.
(J. George Mansour was born and raised in Missouri and has long been a student of political science and international relations. Mr. Mansour is now based in Austin Texas, where he remains an active investor in a variety of businesses.)
