Israeli-Palestinian Conflict: International Responsibility and Violations

Extract

[...] If this rhetoric crosses the threshold of "direct and public incitement to commit genocide" (art. III Convention 1948), an additional qualification could be considered." IV. Other categories of cross-cutting violations 1. Refugee law and forced displacement More than 1.7 million Palestinians have had to move inside Gaza29. The principle of non-displacement internal, cleared by the Kampala Convention (2012) and recognized customary, prohibits evacuations if they are not "imperative for the safety of civilians or military reasons" (Rule 129 DIH CICR). 2. [...]

[...] International Responsibility and Implementation Mechanisms A. Individual Criminal Responsibility Since Nov five arrest warrants (Netanyahou, Gallant, Sinwar, Deif, Al-Masri) have been issued for war crimes and crimes against humanity32. Article 28 of the Rome Statute is invoked for lack of effective control over subordinates. Furthermore, the jurisprudence Bemba reminds that the superior must 'take all reasonable measures' (ICC-01/05-01/08-3343, §?169). B. State responsibility and counter-third measures Third States have the obligation to cooperate in the cessation of grave violations (art ARSIWA)33. [...]

[...] The normative densification of the DIH and the DIP provides the necessary legal arsenal; the political will of the States parties and international organizations remains to be implemented, so that the maxim where there is a right, there is a remedy it remains a dead letter. Bibliography - Rome Statute, 1998. - Geneva Conventions & PA 1949-1977. - ICRC, Updated Commentary on PA 2022. - ICJ, advisory opinion Policies and practices of Israel (2024). - CPI, Situation in Palestine, decisions 2021-2024. - Y. Abraham, "Algorithmic Warfare in Gaza", +972, 2024. - Sorel, J.-M., "Hamas/Israel War and Effectiveness of AFDI?2023. - B'Tselem, Erase and Forget, 2022. - UNEP, Environmental Assessment of Gaza, 2024. [...]

[...] Competence of international jurisdictions The ICC decision ICC-01/18 Feb. 2021) recognizes the territorial jurisdiction of the Court over Gaza, the West Bank and Jerusalem-Est9. The International Court of Justice (ICJ) was seized in 2024 (by the AG, resolution ES-10/24) of an opinion on 'the legality of prolonged occupation'10. These procedures feed the qualification of the illicit acts studied here-after. II. Violations attributable to the State of Israel A. Indiscriminate bombardments and proportionality The FDI used 2,000-pound JDAM munitions in densely populated areas (Jabaliya camp, Oct. [...]

[...] The Israeli-Palestinian conflict-The Israeli-Palestinian conflict constitutes one of the most documented fields in terms of violations of international humanitarian law (IHL) and human rights. The cycles of hostilities of 2008- and 2023-2025 have triggered more than twenty reports from UN treaty bodies, five independent inquiry commissions and multiple proceedings before the International Court of Justice (ICJ) and the International Criminal Court (ICC)1. While Palestine has been a party to the Rome Statute since 2015, Israel remains non-ratifying it remains tied to customary norms of the DIH and the four Geneva Conventions ratified in 19512. [...]