Thursday, 5 February 2009

Alleged War Crimes

IPS: What are the specific war crimes Israel is accused of committing? 

PB: The Geneva Convention's prohibitions against collective punishment, targeting civilians, and disproportionate military force were all violated, as was Geneva's requirement that Israel provide medical care for the wounded. The use of sometimes-legal white phosphorous and DIME weapons was made illegal under the Convention on Certain Conventional Weapons by Israel's decision to use them in densely-populated civilian neighbourhoods. Israel's (and Egypt's) denial of the Palestinian civilians' right to flee to find refuge over Gaza's borders may represent a newly-defined war crime. 

IPS: How serious are these charges in terms of warranting prosecution? 

PB: Israel has been accused of virtually identical war crimes in the past. It should be viewed as a serial offender, which in a criminal justice context means Israel and its officials should not be given the benefit of the doubt regarding benign intent, and perhaps should face being denied access to the instruments of those offences, meaning an arms embargo. 

The General Assembly could also request that the International Court of Justice (ICJ) issue an advisory opinion on what actions should be taken against a government, or individuals, who are such serial offenders against war crimes statutes.