CLEMENA, LEAZ LUMAYAG JD2B

ESSAY_2

1. Cite at least 5 international laws violated in Hamas-Israel War?

2. Classify each IL to the sources of IL.
3. Which of the IL's binding to any states.

1. The International Laws being violated by the Hamas-Israel war are the following:1
a. International Humanitarian Law Common Article 3 of the 1949 Geneva
Conventions, which requires humane treatment of civilians and
noncombatants. Article 3 states that if conflicts arise not of an
international character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be bound to apply,
as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities,

including members of armed forces who have laid
down their arms and those placed ' hors de combat ' by
sickness, wounds, detention, or any other cause, shall
in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or
faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain

prohibited at any time and in any place whatsoever
with respect to the above-mentioned persons:
(a) violence to life and person, in particular
murder of all kinds, mutilation, cruel treatment
and torture;

(b) taking of hostages;

(c) outrages upon personal dignity, in

particular humiliating and degrading
treatment;

(d) the passing of sentences and the

carrying out of executions without
previous judgment pronounced by a
regularly constituted court, affording all
the judicial guarantees which are
recognized as indispensable by civilized
peoples.

(2) The wounded and sick shall be collected and

cared for.

b. Article 51 Protection of Civilian Populations, which protects civilian populations

from attacks2
c. Article 7 Crime Against Humanity of the Rome Statute of the International
Criminal Court, which reflects the customary international law3

1
https://ihl-databases.icrc.org/en/ihl-treaties/treaties-and-states-parties
2
https://ihl-databases.icrc.org/en/ihl-treaties/treaties-and-states-parties
3
https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf
 d. Article 8 of the Rome Statute of the International Criminal Court, which is War
Crimes.4
e. Article 75 Fundamental Guarantees
The following acts are and shall remain prohibited at any time and in any place
whatsoever, whether committed by civilian or military agents:
(a) violence to the life, health, or physical or mental well-being of persons, in
particular:
(i) murder;
(ii) torture of all kinds, whether physical or mental;
(iii) corporal punishment; and
(iv) mutilation;
(b) outrages upon personal dignity, in particular humiliating and degrading
treatment, enforced prostitution and any form of indecent assault;
(c) the taking of hostages;
(d) collective punishments; and
(e) threats to commit any of the foregoing acts.

The laws of war has been violated by both states IHL, or the laws of war, has existed in some
form for thousands of years, but the modern version is set out in the Geneva Conventions of
1949, alongside other treaties, and customary international law.

It binds states, including Israel, as well as non-state armed groups that are involved in conflict,
including Hamas and Islamic Jihad, even though they cannot formally ratify the treaties.

It is important to say that the rules of law are non-reciprocal, meaning that they apply
irrespective of what the other side has done. Violations - such as deliberately targeting
civilians or imposing collective punishment - can never be justified by claiming that another
party has committed violations, or that there are power imbalances or other injustices

The laws of war only apply in specific situations, notably during an armed conflict or an
occupation. Other laws, particularly international human rights law, apply at all times,
governing the duties of all states to protect the rights of the people in the territory where they
have jurisdiction or a degree of control.

International humanitarian law governs the conduct of hostilities and is distinct from the law
that governs the decision to use force. Whatever the legality of a decision to use force, all
parties must comply with IHL.5

Hamas’s continuous, indiscriminate rocket attacks against Israeli targets put civilian
structures and individuals at risk, also violating these treaty provisions and customary
international law. 6

The state of Palestine also is a state party of the Rome Statute of the International Criminal
Court (ICC), which means that Hamas leaders and personnel can be held accountable for
committing genocide, crimes against humanity, or war crimes on, for example, Israeli
territory or in Gaza.

2. A. International Humanitarian Law is an International Conventions

Geneva Conventions 7
4
https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf
5
https://www.hrw.org/news/2023/10/27/how-does-international-humanitarian-law-apply-israel-and-gaza
6
https://www.cfr.org/article/what-international-law-has-say-about-israel-hamas-war
7
https://reliefweb.int/report/occupied-palestinian-territory/alleged-violations-international-humanitarian-law-israel-
palestine-conflict-simple-explainer
 B. Universal Declaration of Human Rights Articles1,2, and3;
C. international custom, as evidence of a general practice accepted as law as the case of
the respect to human life, liberty, freedom and dignity among humanity;
D. the general principles of law recognized by civilized nations; Rome Statute of
the International Criminal Court (ICC)
E. customary applications as stressed in the 2006 Supreme Court Justices decisions8 in
International Covenant on Civil and Political Rights

3. In this case all international laws that has been violated are binding among states with
regard to engagement of war or arm struggles within a territory and the very basic
human law on the respect to human dignity regardless of race, color or ethnicity.

War crimes are serious violations of the laws of war committed by individuals with
criminal intent, that is, deliberately or recklessly. War crimes include deliberately
attacking civilians, taking hostages, and collective punishment.

Airstrikes and rocket attacks by Israel, Hamas and other armed groups that target
civilians or are indiscriminate violate the laws of war, and, when committed with
criminal intent, are war crimes.

Anyone who commits a war crime is criminally liable, as are those responsible for
ordering, assisting in, or facilitating a war crime. Commanders and civilian leaders may
be criminally liable under the principle of command responsibility if they knew or
should have known about crimes their subordinates committed and failed to
adequately prevent the crime or punish those responsible.

Israeli forces have used white phosphorus, a chemical that ignites when in contact with
oxygen, causing horrific and severe burns, on densely populated neighborhoods. White
phosphorus can burn down to the bone, and burns to 10% of the human body are often
fatal. Israel has also engaged in the collective punishment of Gaza’s population through
cutting off food, water, electricity, and fuel. This is a war crime, as is willfully blocking
humanitarian relief from reaching civilians in need.

During prior rounds of hostilities, including in 2021, Human Rights Watch documented
serious violations of the laws of war by both Israeli forces and Palestinian armed
groups.

There’s also concern about Israel ordering the displacement of much of Gaza’s civilian
population, which is permitted only if required for the civilians’ security or imperative
military reasons. The civilian population needs to be able to return as soon as possible -
permanent displacement is a crime.

In addition, the Israeli occupying authorities have committed and continue to commit
other international crimes, including with West Bank settlements. If the occupying
power transfers any of its civilian population into the occupied territory, either directly
or indirectly, it is a war crime.

Human Rights Watch and other rights organizations have also found that Israeli
authorities are committing the crimes against humanity of apartheid and persecution
against millions of Palestinians. The systematic oppression of the population of Gaza
forms part of these ongoing crimes.
8
https://www.cfr.org/article/what-international-law-has-say-about-israel-hamas-war
International crimes should lead to accountability. The International Criminal Court
(ICC) in The Hague has jurisdiction over war crimes and other serious international
crimes committed in or from the OPT (the territory of the State of Palestine, which is an
ICC member), and by nationals of Palestine.