Share 0FacebookTwitterPinterestTumblrVKWhatsappEmail 1.4K Context. The Israel-Palestine conflict has been occurring since 1948 when Israel declared independence and started occupying Palestine. The recent attack by Hamas on Israel on 7 October 2023 and increased violence on the citizens of Palestine resulting in countless deaths and injuries. It can also be seen that Israel has broken international law and humanitarian law. Salient. Given below is the brief history of the Israel Palestinian conflict. Period between 1947 to 1949 The Balfour Declaration is introduced where the establishment in Palestine of a national home for the Jewish people is demanded. The United Nations also adopted Resolution 181, which called for the partition of Palestine into Arab and Jewish states. From 1947 to 1949, more than 500 Palestinian villages, towns and cities were destroyed in what Palestinians refer to as the Nakba, or “catastrophe” in Arabic. An estimated 15,000 Palestinians were killed, including in dozens of massacres. On May 15, 1948, Israel announced its establishment. The following day, the first Arab Israeli war began, and fighting ended in January 1949 after an armistice between Israel and Egypt, Lebanon, Jordan] and Syria. In 1964, the Palestinian Liberation Organization (PLO) was formed, and a year later, the Fatah political party was established. In June 1967, during the Six-Day War, Israel gained control of the Gaza Strip and the Sinai Peninsula. On Yom Kippur in October 1973, invading forces from Egypt and Syria tried to persuade Israel to negotiate better terms for the Arab countries. Nearly 2,700 Israeli soldiers died in the 19-day war and thousands were injured out of a population of about three million at the time. On March 26, 1979, Egypt and Israel signed a peace treaty at the White House which led to Israel’s complete withdrawal from the Sinai Peninsula. In December 1987, Palestinians living in the West Bank and Gaza started the First Intifada against Israel. Muslim Brotherhood members founded Hamas. Period between 1993 to 2000 In 1993, Mr. Arafat signed the Oslo accords with Israel, and committed to negotiating an end to the conflict based on a two-state solution. The Oslo accords eventually failed as the new Prime Minister Benjamin Netanyahu and Right-wing Party did not support the accords. In September 2000, a few months after negotiations between Israel and Palestine reached an impasse at Camp David, a Second Intifada began. In September 2005, Israeli troops pulled out of Gaza. In January 2006, about a year after the death of the Palestinian leader Yasir Arafat, the co-founder of the paramilitary organization Fatah, Hamas won the Palestinian parliamentary election. In January 2009, Israel and Palestinian groups declared unilateral cease-fires, then Israel withdrew from Gaza, and redeployed to the strip’s perimeter.In November 2012, Israel killed Ahmed al-Jabari, Hamas’s military chief, setting off more than a week of an exchange of fire. In 2014, Hamas kidnapped and killed three Israeli teenagers, prompting attacks from Israel and conflict between both nations. In 2018, at least 170 Palestinians were killed as Israel responded to protests along the barrier fence that separates Gaza and Israel. In May 2021, the Israeli police raided Al Aqsa Mosque in Jerusalem which set-off an 11-day war between Israel and Hamas. In 2022, Israeli forces killed at least 166 Palestinians in the Israeli-occupied West Bank. From its independence Israel has been including Palestinian Land slowly with each conflict. A Map is attached as annexure which shows how Israel gained these territories. (Annexure A) Another Map shows what occurred in the first 1948 conflict and the UN’s Partition Plan as well as all the accords that occurred between Israel and arab nations which is attached as (Annexure B) Also attached is another Map which shows the relevant Parties and Leaders that are stakeholders in this conflict and who are Part of Proscribed Terrorist Organization. (Annexure C) Current Conflict Hamas launched the biggest attack on Israel in years from the Gaza Strip, with a surprise assault combining gunmen crossing the border with a heavy barrage of rockets. At least 1,300 Israelis were killed while unarmed civilian hostages and captured Israeli soldiers were also taken to the Gaza Strip, which included women and children. Israel killed 1,100 and injuring 5,000 Palestinians in its retaliatory strikes against Hamas a day after. On 27 October Israel launched a large-scale ground incursion into northern Gaza. Israeli forces targeted and bombed hospitals and attacked refugee camps as well as UN sponsored schools[1]. They attacked Al-Quds Hospital[2], Indonesian Hospital as well as Al-Shifa Hospital. A major event occurred when both Israel and Hamas agreed a temporary truce which was brokered by Qatar on 22 November. Both Hamas and Israel exchanged Prisoners. The truce expired in the morning on 1 December, as both Israel and Hamas blamed the other side for failing to agree on an extension. On 7 December, Israel detained 150 men in the Gaza Strip, with dozens more detained on 10 December. The US has authorized the sale of around 14,000 tank ammunition to Israel without congressional authorization by using an emergency power. Simultaneously, Israel also conducted raids and arrested countless Palestinians in West Bank and bordering nations excluding Egypt. As of October 17, over 32,623 Palestinians in the Gaza Strip have been killed in majority of them being women and children and over 75,092 have been injured. Many nations and organizations have attempted to stop the conflict through a ceasefire but to no avail as many resolutions have been introduced in the UN Security Council but were not passed due to being vetoed by the US. Although a resolution was passed in the general assembly it wasn’t effective as it was non-binding also other resolutions introduced in the security council were vetoed by the US. Recently, on March 25 the UN Security Council adopted a resolution tabled by its 10 non-permanent members (E-10) demanding a temporary ceasefire in Gaza during Ramadan, by a vote of 14 in favor to none against, with one abstention (United States) the only question that has arisen is whether it is binding as all UNSC resolutions are considered binding, in accordance with Article 25 of the UN Charter. However, the US has described the Monday resolution as non-binding. US ambassador to the UN Linda Thomas-Greenfield said Washington fully supported “some of the critical objectives in this non-binding resolution”[3]. On the same day, US State Department spokesperson Matthew Miller told reporters: “It is a non-binding resolution”. This has been contested by other UN officials and Security Council members. China’s UN ambassador Zhang Jun said that Security Council resolutions are binding[4]. Deputy UN spokesperson Farhan Haq added that UNSC resolutions are international law, “so to that extent they are as binding as international law is”[5]. If a UNSC resolution is not followed, the council can vote on a follow-up resolution addressing the breach and take punitive action in the form of sanctions or even the authorization of an international force. Israel has repeatedly gotten away with flouting UN resolutions in the past. In December 2016, during the last days of Barack Obama’s presidential term in the US, the UNSC passed a resolution deeming Israel’s settlements in Palestine illegal and a violation of international law. The resolution passed with 14 votes and the US abstained. Israel ignored this resolution. As of now Israel has not followed the resolution and continues its assault in Gaza. The Conflict is still ongoing and is not looking to end without the intervention of World Powers in pressurizing Israel to stop its operations. The world reactions towards the conflict varied the table attached as annexure shows those who were pro-Israel and who were Pro-Palestine. (Annexure D) The Latest Resolution is also attached as (Annexure E) After the attack by Hamas Israel’s response cast a heavy toll on the Palestinians resulting in countless lives lost and many injured which included women and children. It can be argued that Israel has breached international law even before this conflict started for example the Apartheid imposed on the Palestinians which contradicts the 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid which defines apartheid as “inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them”. The only problem that is present in this case is that Israel is not Party to the treaty. Israel committed Apartheid through massive seizures of land and property, unlawful killings, infliction of serious injuries, forcible transfers, arbitrary restrictions on freedom of movement, and denial of nationality, among other inhuman or inhumane acts, due to these acts Israeli officials would be responsible for the crime against humanity of apartheid, which falls under the jurisdiction of the ICC. Although Israel is an occupier it still has responsibilities towards the Palestinians. The duties of the occupying power are spelled out primarily in the 1907 Hague Regulations article 42 to article 56 and the Fourth Geneva Convention IV, article 27 to article 34 and article 47 to article 78, as well as in certain provisions of Additional Protocol I and customary international humanitarian law. Also, all agreements concluded between the occupying power and the local authorities cannot deprive the population of occupied territory of the protection afforded by international humanitarian law Geneva Convention IV, article 47 and protected persons themselves can in no circumstances renounce their rights according to Geneva Convention IV, article 8. Israel is a party to the Geneva conventions I to IV and protocol III, so this act is applicable on them. The main rules of the law applicable in case of occupation state that: The occupant does not acquire sovereignty over the territory. Occupation is only a temporary situation, and the rights of the occupant are limited to the extent of that period. The occupying power must respect the laws in force in the occupied territory, unless they constitute a threat to its security or an obstacle to the application of the international law of occupation. The occupying power must take measures to restore and ensure, as far as possible, public order and safety. To the fullest extent of the means available to it, the occupying power must ensure sufficient hygiene and public health standards, as well as the provision of food and medical care to the population under occupation. The population in occupied territory cannot be forced to enlist in the occupier’s armed forces. Collective or individual forcible transfers of population from and within the occupied territory are prohibited. Transfers of the civilian population of the occupying power into the occupied territory, regardless of whether forcible or voluntary are prohibited. Collective punishment is prohibited. The taking of hostages is prohibited. Reprisals against protected persons or their property are prohibited. The confiscation of private property by the occupant is prohibited. The destruction or seizure of enemy property is prohibited, unless absolutely required by military necessity during the conduct of hostilities. Cultural property must be respected. People accused of criminal offences shall be provided with proceedings respecting internationally recognized judicial guarantees (for example, they must be informed of the reason for their arrest, charged with a specific offence and given a fair trial as quickly as possible). Personnel of the International Red Cross/Red Crescent Movement must be allowed to carry out their humanitarian activities. The ICRC must be given access to all protected persons, wherever they are, whether or not they are deprived of their liberty. Israel’s response could also be subject to a war crimes investigation. Israeli Defense Minister Yoav Gallant drew criticism from U.N. officials and human rights groups by announcing a tightened blockade to prevent food and fuel from reaching the Gaza Strip, home to 2.3 million people. Gallant also vowed to wipe Hamas “off the face of the earth” amid growing expectations Israel will launch a ground invasion to destroy the Palestinian militant group as well as the use of White Phosphorus against the civilian population amounts to war crime. If this occurs, then Section 8 of the ICC Statute will be applicable on them the only issue is that although Israel is a party to the convention but doesn’t recognize the court’s jurisdiction and does not formally engage with it. It can also be seen that Israel has breached the Palestinian rights Present in international covenant on civil and political rights particularly Article 9 and 10 which deals with arrests and detention as Israel is a party to the convention, so its articles are applicable on them. Another convention that is applicable on Israel is the International Covenant on Economic, Social and Cultural Rights particularly Article 1 which deals with the right of self-determination that the Palestinians have but are not given. Israel is a party to this statute, so its law is applicable on them. The Hague Convention on Cultural Property is not applicable on Israel as they are not party to it but the act does cover the protection of religious sites that were destroyed by Israeli missile attacks. Another major crime that Israel can be held to account is the potential Genocide of the Palestinian People as Many People have been Killed in the Past week also as many as twenty families have been erased from Gaza’s cohesive society, in which everyone knows everyone else going back generations. This can be seen as genocide in result the Convention on the Prevention and Punishment of the Crime of Genocide will be applicable on Israel as Israel has committed the acts mentioned in Article II and Article III of the convention. Pakistan’s reaction towards this Conflict is unsatisfactory as they have not condemned the actions taken by Israel against Palestinians but instead are calling for exercising maximum restraint, urging the international community to come together for cessation of hostilities. After the airstrikes Israel prepared stage 2 of their operations that involved a ground invasion of Gaza through Land, Sea, and Air. Another incident that occurred during this conflict is the death of 11 UNRWA workers in the Gaza Strip. Normally, UN workers safety is protected under the Convention on the Safety of United Nations and Associated Personnel 1994 in this case the situation is complicated as Israel is not Party to the convention. Another point to be noted is that Israel has openly Criticized and have attempted to close UNRWA operations in Gaza as they alleged that this organization was aiding Hamas many Western countries like USA, Canada for example even stopped funding this organization for some time. There are many countries attempting to mediate between Israel and Palestine the 3 Main Countries are Jordan, Qatar and Russia. There are 4 current options also being discussed those are: – Ceasefire between both nations. Creation of a Palestinian state based on the past UN resolution or partition plan this plan is supported by Russia. Israel proposed to Egypt to allow Gaza refugees to live in Sinai Dessert. Israel militarily taking over Gaza in which over administration will be done by Palestinian civil authorities. Annexure A Map showing how Israel started taking Palestinian Land Annexure B Map of the First Conflict between Israel and Arab States in 1948 and UN’s Proposed Partition Plan and a table of all Accords and Treaties Map of the 1948 Conflict and the UN Partition Plan: All Peace Treaties Accords between Israel and Arab States, Palestine. SERTreaties and Accords 1949 Armistice Agreements between Israel and Arab states Allon Plan (1967-80) Rogers Plan (1969) Geneva Conference (1973) Camp David Accords (1978) Egypt–Israel peace treaty (1979) Madrid Conference of 1991 Oslo Accords (1993) Israel–Jordan peace treaty (1994) 2000 Camp David Summit Protocol Concerning the Redeployment in Hebron Wye River Memorandum Annexure D Table Containing the Reaction of the World toward the current Palestine and Israel Conflict. The world reactions towards the conflict varied the table below Shows the Countries reacting in favor of Israel or Palestine: Pro-IsraelPro-PalestineUS President Joe Biden issued a statement condemning the attacks and saying that he was ready to offer “all appropriate means of support to the Government and people of Israel”.Egypt urged both Israel and Palestine to exercise restraint. It also said the international community should “urge Israel to stop the attacks and provocative actions against the Palestinian people and to adhere to the principles of international humanitarian law with regard to the responsibilities of an occupying state.”Canadian Prime Minister Justin Trudeau said that “Canada strongly condemns the current terrorist attacks against Israel” and called the violence “completely unacceptable.” He added that the country stood with Israel and fully supported “its right to defend itself.”The Chinese Foreign Ministry expressed deep concern “over the current escalation of tensions and violence between Palestine and Israel” and urged relevant parties to “remain calm, exercise restraint and immediately end the hostilities to protect civilians and avoid further deterioration of the situation.”Indian Prime Minister Narendra Modi said the government condemned the “terrorist attacks on Israel”, adding that “we stand in solidarity with Israel at this difficult hour”Jordan’s King Abdullah II warned that continued escalation of the conflict would create negative repercussions on the region and urged restraint, the protection of civilians and respect for international humanitarian lawGerman Chancellor Olaf Scholz said he was deeply shocked by the “terrifying news” of “rocket fire from Gaza and the escalating violence”. He also said that Germany condemned Hamas’ attack and would stand by Israel.”The Pakistan Foreign Office issued a statement urging an immediate ceasefire and a return to peaceful negotiations, stating that they were “closely monitoring the unfolding situation”. Pakistan reiterated its position that the solution to the conflict was a two-state solution, including the establishment of a viable, sovereign and contiguous State of Palestine with Jerusalem as its capital.United Kingdom Prime Minister Rishi Sunak said he was shocked by Hamas attacks against Israeli citizens. He added that “Israel has an absolute right to defend itself.”The Qatar Foreign Ministry issued a statement saying Israel was “solely responsible for the ongoing escalation due to its continuous violations of the rights of the Palestinian people, including the recent repeated incursions into the Al-Aqsa Mosque under the protection of the Israeli police.”President of the European Commission Ursula von der Leyen said she “unequivocally” condemned “the attack carried out by Hamas terrorists against Israel”, calling it “terrorism in its most despicable form” and saying “Israel has the right to defend itself against such heinous attacks”In turkey, President Recep Tayyip Erdoğan called on Israelis and Palestinians to act with restraint and refrain from hostile acts that could exacerbate the situation.French President Emmanuel Macron strongly condemned the attack and expressed his “full solidarity with the victims, their families and loved ones.” The French embassy in Israel condemned the attacks and described Hamas’ actions as “inadmissible terrorist attacks”.Russia issued a statement urging restraint, with Deputy Foreign Minister Mikhail Bogdanov saying they were in contact with both sides. President Vladimir Putin expressed concern over the catastrophic increase of the number of civilians killed in Israel and Gaza and called the conflict “a clear example of the failure of U.S. policy in the Middle East”, accusing the United States of bias towards Israel.The United Nations Special Coordinator for the Middle East Peace Process Tor Wennesland condemned the attack, stating that the “events have resulted in horrific scenes of violence and many Israeli fatalities and injuries, with many believed to be kidnapped inside the Strip”.Arab League: The League said, “Israel’s continued implementation of violent and extremist policies is a time bomb depriving the region of any serious opportunity for stability in the foreseeable future.” Annexure E Bibliography [1] Mackenzie J and Lubell M, ‘Israel Launches Gaza War’s Second Phase with Ground Operation …’ (Israel launches Gaza war’s second phase with ground operation, Netanyahu says, 29 October 2023) <https://www.reuters.com/world/middle-east/eu-calls-humanitarian-pauses-gaza-aid-israel-raids-enclave-2023-10-26/> accessed 16 December 2023 2‘Further Air and Artillery Strikes Reported in Northern Gaza – as It Happened’ (The Guardian, 30 October 2023) <https://www.theguardian.com/world/live/2023/oct/29/israel-hamas-war-live-netanyahu-declares-offensives-second-stage-gaza-internet-coming-back-online?page=with%3Ablock-653e4a1a8f0837aa4c22d148#block-653e4a1a8f0837aa4c22d148> accessed 16 December 2023 3Staff AJ, ‘Will the UN Ceasefire Resolution Stop Israel’s War on Gaza?’ (Al Jazeera, 26 March 2024) <https://www.aljazeera.com/news/2024/3/26/will-the-un-ceasefire-resolution-stop-israels-war-on-gaza> accessed 29 March 2024 4Staff AJ, ‘Will the UN Ceasefire Resolution Stop Israel’s War on Gaza?’ (Al Jazeera, 26 March 2024) <https://www.aljazeera.com/news/2024/3/26/will-the-un-ceasefire-resolution-stop-israels-war-on-gaza> accessed 29 March 2024 5 Staff AJ, ‘Will the UN Ceasefire Resolution Stop Israel’s War on Gaza?’ (Al Jazeera, 26 March 2024) <https://www.aljazeera.com/news/2024/3/26/will-the-un-ceasefire-resolution-stop-israels-war-on-gaza> accessed 29 March 2024 [1] Mackenzie J and Lubell M, ‘Israel Launches Gaza War’s Second Phase with Ground Operation …’ (Israel launches Gaza war’s second phase with ground operation, Netanyahu says, 29 October 2023) <https://www.reuters.com/world/middle-east/eu-calls-humanitarian-pauses-gaza-aid-israel-raids-enclave-2023-10-26/> accessed 16 December 2023 [2] ‘Further Air and Artillery Strikes Reported in Northern Gaza – as It Happened’ (The Guardian, 30 October 2023) <https://www.theguardian.com/world/live/2023/oct/29/israel-hamas-war-live-netanyahu-declares-offensives-second-stage-gaza-internet-coming-back-online?page=with%3Ablock-653e4a1a8f0837aa4c22d148#block-653e4a1a8f0837aa4c22d148> accessed 16 December 2023 [3] Staff AJ, ‘Will the UN Ceasefire Resolution Stop Israel’s War on Gaza?’ (Al Jazeera, 26 March 2024) <https://www.aljazeera.com/news/2024/3/26/will-the-un-ceasefire-resolution-stop-israels-war-on-gaza> accessed 29 March 2024 [4] Staff AJ, ‘Will the UN Ceasefire Resolution Stop Israel’s War on Gaza?’ (Al Jazeera, 26 March 2024) <https://www.aljazeera.com/news/2024/3/26/will-the-un-ceasefire-resolution-stop-israels-war-on-gaza> accessed 29 March 2024 [5] Staff AJ, ‘Will the UN Ceasefire Resolution Stop Israel’s War on Gaza?’ (Al Jazeera, 26 March 2024) <https://www.aljazeera.com/news/2024/3/26/will-the-un-ceasefire-resolution-stop-israels-war-on-gaza> accessed 29 March 2024 Share 0 FacebookTwitterPinterestTumblrVKWhatsappEmail RPDI - Research, Policy & Development Institute Follow Author previous post PAKISTAN’S DOMESTIC & INTERNATIONAL LAW next post Indian Citizenship (Amendment) Rules, 2024: An Anti-Muslim Law & A Lawfare Opportunity for Pakistan You may also like Bookmark BRICS Candidacy: Pakistan Hopes for Joining the Bloc March 30, 2024 Bookmark Recommendation of United States Commission on International Religious Freedom (USCIRF) for Congressional Hearing... 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