Global injustice: The unfulfilled promise of the Geneva Conventions

Last Monday marked the 75th anniversary of the adoption of the Geneva Conventions which form the foundation of international humanitarian law. The International Committee of the Red Cross (ICRC) defines the Conventions as a “set of rules seeking to limit the effects of armed conflict by limiting The the means and methods of warfare and safeguarding those not or no longer taking part in hostilities”. The ICRC is asking signatories to recommit to the Conventions which are being undermined and brutally breached by warrior states and non-state groups.

Like the Universal Declaration on Human Rights which was adopted in December 1948, the Geneva Conventions were endorsed and ratified globally. And, like the Declaration, the Conventions have been ignored, disregarded, and violated during multiple and continuing wars.

Although it ratified the Geneva Conventions on July 6th, 1951, Israel — born in war and ethnic cleansing in 1948-49 — has constantly overstepped the limits set by the Conventions and has always been protected by colluding ex-colonial Western powers: the US, UK, France, Holland, Belgium and Italy.

The goal of the Conventions is to protect civilians from regular and irregular armed forces. Targeting civilians, civilian “objects”, and civilians involved in providing medical care -and humanitarian assistance is forbidden. A siege is a war crime if civilians are disproportionately affected. Attacks on hospitals, mosques, churches and schools can only be targeted if they are used to shelter military targets and conducted in accordance with the laws of war. Prisoners of war should be treated humanely.

Israeli and international human rights organisations, the International Court of Justice (ICJ)and the International Criminal Court (ICC) have accused Israel of major violations of the Conventions during the 10-month Gaza war while charging Hamas with breaching the laws of war when it attacked Israel on October 7th, 2023, more than 300 days ago.

“The burden of proving that the protective status is lost rests with those who fire the gun, the missile or the rocket in question,” ICC Prosecutor Karim Khan has said.

The Geneva Conventions are being violated by Israel in both occupied Gaza and the West Bank. While Israel withdrew its soldiers and settlers from Gaza in 2005, the narrow strip of territory continues to be occupied because Israel controls access by land, sea and air. During the Gaza war, Israel has seized the border between Gaza and Egypt, thereby gaining control of all land routes into and out of Gaza. The 2.3 million people are trapped and at the mercy of Israel which has driven them from and destroyed their homes, flattened mosques, churches, schools, universities, hospitals, clinics, public buildings and historic monuments. All are “civilian objects” and regarded as off limits by the Geneva Conventions. Israel justifies its attacks on these premises by claiming that paramilitary fighters or groups are sheltering in them or using them to mount attacks on Israel. However, this justification is voided if Israel’s attacks are “disproportionate” and kill large numbers of civilians. Last week’s Israeli bombing of a school which killed 93 Gazans was clearly a violation of international humanitarian law as of the 93 people killed, Israel claimed it was targeting 19 enemy fighters although Palestinians said some identified as fighters were civilians. Disproportionality is demonstrated by the nearly 40,000 Gazans killed, 88,000 wounded and estimated 10,000 missing under the rubble as while 1,1478 Israelis have been killed, including 1,139 during Hamas’ raid on October 7.

Israel has also violated the Geneva Conventions by intentionally damaging and destroying civilian infrastructure, such as water purification and sewage plants, water towers, wells, electricity networks and roads and by denying Gaza of fuel for power plants, hospitals, ambulances, and delivery and distribution of essential supplies. Israel has blocked and severely restricted the flow of food, medicine, and water to Gaza and removed from aid consignments medical equipment, kits for newborn babies, and crutches.

Since the Gaza war began, disproportionality is also a feature of Israel’s operations in the West Bank where more than 600 Palestinians and 17 Israelis, of whom 11 were soldiers, have been killed.

Since Israel occupied East Jerusalem and the West Bank the Fourth Geneva Convention covering hostile occupations has been constantly violated by Israel. It has illegally annexed East Jerusalem and planted more than 700,000 settlers in the West Bank and 200,000 in East Jerusalem in violation of the Fourth Geneva Convention’s prohibition in the transfer of the occupier’s population into occupied territory. According to the UN, 1,285 Palestinians have been displaced since October 7th in breach of the Conventions.

On July 19th, in line with the Geneva Conventions, the ICJ ruled that Israel should halt settlement activity in the West Bank and East Jerusalem and end their occupation and the occupation of Gaza as soon as possible. The ICJ said Israel should withdraw all settlers and pay Palestinians reparations for losses and damage perpetrated by the occupation. The Court stated Israel’s “policies and practices amount to annexation of large parts of the Occupied Palestinian Territory” and that Israel was “not entitled to sovereignty” over the occupied territories. The Court argued that Israel’s treatment of Palestinians living under occupation amounted to “systemic discrimination based on, inter alia, race, religion or ethnic origin” and said Israel had exploited the Palestinians’ natural resources and violated their right to self-determination. The ICJ advised international powers to avoid actions which support Israel’s illegal occupation.

There is no point in honouring the Geneva Conventions and the body of international law they contain if the Western powers, led by the US, do not abide by these instruments, or apply them to some violators and not others. This lesson should have been learned during Israel’s Gaza war which has after 75 years have attracted the attention of the ICJ, the ICC and responsible members of the international community which are eager to see the Conventions applied to all violators. This is in the interests of the global public as the Conventions are meant to protect everyone.