The Israeli Siege on Gaza
Introduction
Gaza is also known as the Gaza Strip, it is a small geographical location along the Mediterranean Sea. It is approximately 45 kilometers long and 10 kilometers wide and neighbors Egypt and Israel. For a small geographical location, Gaza strip has a population of over 1.5 million citizens mainly of Palestinian Descent. It is one of the most highly populated regions with at least 20,000 people per square mile. The population is predominantly young with over half of it being young children and young adults. This essay will focus on the Israeli’s continued siege on Gaza and how this siege has led to ignoring of the international humanitarian law that seeks to protect the life and property of the civilians in times of war.
Discussion
The conflict with Israel has been on since 1940’s, it is believed that majority of the populace in Gaza were refugees whop had been driven away from their homes due to the wars with Israel. The refugees who had fled to Gaza were denied re-entry into Israel and as a result Gaza became their home. Due to the constant conflicts and war, the economy for the Gaza strip has been low since time immemorial and majority of the residents in Gaza live on less than 2$ a day. The health sector in Gaza is also downtrodden and many cases of malnutrition are reported in the region. Over 70% of the population depends on food aid.
To-date, the strip has never been internationally recognized as a sovereign country and it s governance has been shared between Egypt and Israel. Israel controls the airspace, and water access to the strip as well as the Israel-Gaza border. With this extent of control of the Gaza, Israel has been able to control the regions access to resources as well as humanitarian assistance from other nations. The conflict over Gaza is due to the fact that Israel has maintained it authority over the region yet at the same time the Palestinian Authority has claimed authority over the region (Rabbani 2009).
The Israel siege on Gaza has led to endless conflicts in the region with the populace as the victims. The conflict was mainly between the Israeli and the Palestinian governments. The Palestinians actively began to resist the occupation of the military after Hamas was elected in the government of the Gaza strip. Hamas, also known as the movement for Islamic resistance was formed in 1987 after the Palestinian conflict at Gaza. Hamas was created by the Muslim brother hood of Palestine. The Muslim brotherhood was founded in 1920 in Egypt. In the initial stages of the formation of the brotherhood movement Israel supported them as they saw the movement as an alternative to PLO that follows the Oslo accord. Conflict between Israel and the Gaza strip began after the 2005 and 2006 election to the government.
The win meant that the Hamas took control over a majority of seats in the Palestinian legislative council. In turn, this move intensified the friction between the two regions as Israel took up drastic measure to make the region suffer. For instance, Israel closed its border with Gaza thereby preventing free movement of the populace in and out of Gaza and Israel. The flow of imports and exports in and out of the Gaza strip was also hampered by the closure of the border. As the tension and the conflict increased Israel removed all its civilians from Gaza.
The Palestinians have constantly been engaging Israel in shootings, rockets fires and cross border raids and Israel on the other hand has been retaliating by launching air strikes towards Hamas locations. In 2007 Hamas staged a coup over Fattah and as a result they consolidated and took over the complete control of the strip. With such conflicts casualties were present, for instance the 2007 coup resulted to the death of over 100 Palestinians and over 500 casualties (Rabbani 2009).
The coup made Israel to take more stringent measures in terms of border control and the restriction of the movement of the people as well as resources. Gaza populaces were restricted from moving to Israel; and as a result the majority of the workforce lost their jobs and the rate of unemployment sky rocketed. The lack of employment increased the levels of poverty in the region due to the fact that Gaza, being a small geographical region had a high population that it could not efficiently support. Other conflicts that have been recorded between Israel and the Palestinians at Gaza include: the 2004 conflict that involved the battle between the defense forces of Israel and the Palestinian militants; the 2006 conflict between Israel and the Palestinians that resulted to Israel establishing Operations summer rains which was aimed at suppressing the Qassam rocket fires; the2007/08 conflict that saw intensified war between Israelis and the Palestinians.
Palestinians launched rocket attacks in Israel while the Israel defense force launched a series of missile and bomb attacks in the region; 2008, 2009 conflict and more recently the 201 Gaza tunnels air strike. The Israeli Air force launched military attacks on the Gaza-Israeli border tunnels with the aim of killing all militants that were located at that region (Rabbani 2009).
The conflict has brought into focus the humanitarian crisis that has come about as a result of the conflict. For instance, the Palestinian continued attacks into Israel have led to the killing of hundreds of innocent civilians, many of them being women and children. It has been stated that the continuous killings violate the international humanitarian law.
The international humanitarian law is the law with reference to war and the overall effect that is has. The law aims to minimize the effects of war on innocent civilians such as the women and the children who are the most negatively affected in times of war. The law also aims to minimize the destruction of individual and public property as a consequence of the war. The war and continued conflict in Gaza as a result of the conflict between the Palestine’s of Gaza and the Israeli military and defense force violates the international humanitarian law. The continuing conflict has led to the destruction of property and subsequent stalled economic development in the region.
The Israeli continuous attacks of the region have also led to fatalities in the region. Vulnerable groups of citizens such as the women. Children and the aged are defenseless in times of wart and as a result, they become the immediate victims of the conflict. Families have been lef5t homeless, children and women have been maimed and the deteriorating health sector has left many of the populace in dire need of medical aid which is not forthcoming due to the blockade of the Israeli-Gaza border (Rabbani 2009).
International Humanitarian law
The international humanitarian law was established in the 19th century with efforts to govern the treatment of those caught in the middle of warfare. In 1945 the United Nations charter stated that it was wrong for another country to engage another nation in warfare unless it is self defense. The charter modified the clause to include the protection of civilians and prisoners of war. The international humanitarian law also seeks to resolve issue of humanitarian concern that arises as a result of wars.
The law that is currently in use across the world was established in relation to tow main laws: the Geneva law and the law of Hague. The two laws were established top determine the appropriate actions that the parties involved in conflict should engage in times of war and conflict. The law of Hague was also known as the law of war and it was established so as to come up with the appropriate methods of warfare. The law of Geneva focused on protection of innocent civilians from the effects and consequence of war. The conventions of Geneva focused on rules that will be applicable in times of war so as to secure the safety and protection of those that are not involved in war as well as those that have stopped engaging in military activities.
Such groups include the civilians of the fighting nations, and the prisoners. The first and second Geneva conventions (1864 and 1906 respectively) focused on the care given to those participants of war that are wounded or sick. The third Geneva Convention (1929) focused on the fair treatment of prisoners. The fourth Geneva Convention (1949) covered the protection of civilians in times of war (Rabbani 2009).
Israel has over the years violated the International law in Gaza without a care. Israel has continued to frustrate the efforts of the Palestinian Authority to govern itself and as a result of the continuous conflict Israel is responsible for causing continuous humanitarian crisis at Gaza. Israel is therefore accountable to the deplorable humanitarian conditions in the region.
The closing of the Gaza-Israel border by the Israeli government and the subsequent restriction of the movement of the populace crippled the economy of Gaza as many of the citizens lost their jobs. The unemployment rate sky rocketed which in turn reduced the revenue earnings of the region and hampered the efforts of the Palestinian Authority to govern the region.. Israel also withheld the custom revenues of the Palestinian authority that would have come in handy in the tax revenues of the country that would have in turn assisted in the economic growth of the Gaza populace. Israel therefore violated the international humanitarian law as the closure of the border led to an economic decline of the region which increased the suffering of the civilians (Fleck 2008).
According to the international humanitarian law, Israel is not allowed to withhold the custom revenues of Gaza and as a result Israel is directly responsible for the restoration and the maintenance of order and the ordinary life of the civilians at Gaza. Israel intentional interference with the performance of the Palestinian authority and ability to generate revenue has led to the economic decline of the region and Israel is therefore obliged to use the revenue tax it has withheld to assist the administration of the Palestinian Authority (Hajjar, 2001).
According to article 27 of the Fourth Geneva Convention, Israel also violated the humanitarian law by engaging in violent military attacks with the Palestinian government at Gaza that led to the death of civilians. For instance, between June and August 2006, Israel killed 547 civilians at Gaza, 35 military men. This is very high figure considering that the civilians were innocent and not involved in the war. The international humanitarian law prohibits the deliberate attacks on the innocent civilians. According to the international humanitarian law civil immunity is important between nations and states that are engaged in warfare. The law, (article 33, 4th Geneva Convention) also prohibits the use of indiscriminatory attacks. These are attacks that do not distinguish the civilian from the militia. Such an attack would result to a high number of civilian casualties.
In June 2006, it was reported that Israel had extra-judicially killed over 5 Palestinians in the Gaza. This act was against the International humanitarian law (Article 5, Third Geneva Convention) that prohibits any state from engaging in extra judicial killings of any civilians even if suspected to be involved in the hostilities that the state is witnessing. It is important that the state follows the due process and allows the law to take its course. Israel is obliged to minimize the risk it possesses to the civilians when it launches attacks on its purported enemy (Fleck 2008).
Israel is also blamed for the intentional destruction of public property. This attack was in violation of article 53 of the Fourth Geneva Convention. For instance in June 2006, Israel launched attacks and destroyed the only power plant in Gaza rendering the region dark as electricity was disrupted in most of the region. Gazans were not able to enjoy the benefits of continuous supply of electricity. The lack of sufficient electricity supply led to almost stalling of various essential sectors in the region.
For instance, hospitals were not able to function properly in provision of medical services. The supply of water in households was also paralyzed. By doing this, Israel violated the international law that prohibits punishment for offences not committed. Israel destruction of Gaza’s power plant was seen as means of punishing the residents of Gaza and also as a means of intimidating the populace, an act that is also prohibited in the international law (Rabbani 2009).
Israel in its attacks on Gaza has also led to the destruction of properties. In one of its attacks in 2006 Israel defense force targeted the destruction of properties that the civilians depended on for instance government institutions and offices. Bridges connecting different sections in Gaza were also destructed and in the process hindered the free movement of the civilians. The international humanitarian law prohibits the destruction of property unless necessary. The law stipulates that the military warfare should be directed at military targets and as much as possible avoid civilian damage. Israel is blamed of destroying the properties without a clear reason and this led to speculation that they intentionally destroyed public property to cripple the Palestinian Authority and cripple the Populace (Rabbani 2009).
Israel also launched attacks on the private properties of the civilians. When asked to explain the reason for the attacks, the Israelis stated that they suspected that military activities were being conducted from these private properties. According to the international humanitarian law it is prohibited to deliberately destroy private property unless there is a valid and tangible reason to do so. In the case of the Israeli s attacks on the private property in Gaza, there reason were merely assumptions and it was inhuman fro them to leave innocent civilians homeless yet they had not determined the factuality of their claim (Students against Israeli Apartheid 2011).
The international law (article 49,4th Geneva Convention) also prohibits the forcible transfers of civilians no matter the reasons. Due to Israel’s siege in Gaza over civilians in their thousands were evacuated in areas such as As Shoka and Beit Lahia. Forcible transfers are only possible if the security of the civilians is at risk. Evacuations of large masses of civilians mean that there will be a strained availability of basic needs such as food and shelter and it is the responsibility of those involved in the evacuation to provide them.
Supporters of Israel’s intervention in Gaza state that the invasion by Israel is not a violation of the humanitarian law but a justified move towards curbing the Palestinian’s extreme combat attacks on Israel. The Palestinians of Gaza has been accused of also violation the international humanitarian law by indiscriminately attacking Israel therefore killing civilians which is against the international law. It is said that the Palestinians have attacked Israel’s major town with mortars and rockets and as a result it has resulted to the death of hundreds of civilians.
The Attacks by Israeli have also been justified through the fact that sections of the Gaza Palestinian terrorist group have held hostage and Israeli soldier since 2006 and this has forced Israel to retaliate in efforts to rescue one of their won. The 1566 council resolution also states that states should not give any safe haven to anyone who supports any terrorist acts. The continuous Palestinian attacks on Israel have been classified as terrorist attacks and Israel has been forced to retaliate so as to root out the terrorist gangs in that region (Rabbani 2009).
In attempts to let go off the Gaza strip Israel came up with the disengagement plan where they dismantled all the Gaza settlements by transferring all settlers to the Israeli territories.. Israel’s defense force also moved out of Gaza. By declaring an end to military government in 2005, Israel therefore relinquished its responsibility for the livelihood of the Gaza populace. However Israel to-date still controls various arenas of the Gaza. They include: control of the borders, control over the registry of the population of the Palestine as well as control over Gaza air and water space (Fleck 2008).
Conclusion
In the modern world, the violation of the international humanitarian laws is as a result of the lack of this knowledge but as a consequence of lack of respect for them. Nations such as Israel engage in endless conflicts so as so satisfy their vested interest. As a result they engage in wars that have severe consequences not only to the economy of that nation but also to the civilians in the countries involved in the warfare. It is the responsibility of all nations in warfare to put in mind the consequences of the innocent civilians that are not involved in the war. The nations involved in war should be keen to minimize risk to the civilians. Therefore the engagement of Israel in the Gaza siege is not only wrong but inhuman.
The war has lasted for years now and as a result the number of civilian casualties is constantly increasing yet the Israel government is relentless on giving up in the war. It does not matter which of the states is violating the international law, the fact of the matter is that the consequence of the war is far more serious to ignore. Lives are lost on a daily basis and it is time that the international community looks into ways in which the siege on Gaza can come to an end.
Reference
Fleck, Dieter (2008). The Handbook of International Humanitarian Law. Second Edition. Oxford University Press
Hajjar, L. (2001). Human rights in Israel/ Palestine. The history and politics of a movement retrieved from http://www.jstor.org/pss/10.1525/jps.2001.30.4.21 on 7th May 2011
Rabbani, M. (2009). Israel’s Assault on Gaza: a transformational moment? Journal of Palestine studies. University of California Press
Students against Israeli Apartheid (2011). Divest from Israeli Apartheid. Retrieved from http://toronto.saia.ca/attachments/article/65/HoldingUniversityofTorontoAccountable-1.pdfon 7th May 2011
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