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In a strong response to the recent attacks by Hamas on Israeli civilians, President Biden has expressed his understandable outrage. He condemned these acts as pure, unadulterated evil, showcasing the severity of the situation. However, President Biden also emphasized the importance for the Israeli government to uphold international law in their response, urging them to do so. By adhering to these principles, it is believed that a worsening of the already dire situation can be prevented, possibly aligning with Hamas’s intentions to revive the Palestinian cause through desperate means.
Hamas’s actions, including the random killing of Israeli civilians, the abduction of survivors as hostages, and indiscriminate rocket attacks on Israeli cities, have all been classified as war crimes. These acts represent egregious violations of international humanitarian law, which seeks to minimize harm to civilians during times of conflict. It is crucial to employ this legal framework consistently, as it also applies to the Israeli military. This ensures that the civilian casualties in Gaza resulting from Israel’s aerial bombardments and potential ground invasion do not surpass the deaths caused by Hamas.
Recent reports suggest that the Israeli military has not fully respected international humanitarian law. It has already demolished four large apartment buildings, often justifying such actions by claiming the presence of Hamas in these areas. However, this reasoning fails to justify the disproportionate consequences of rendering hundreds of Palestinians homeless. Moreover, the Israeli military’s imposition of a blockade and siege, which obstructs the flow of food, water, and electricity, violates the legal obligation to allow humanitarian aid to reach those in need. Multiple incidents, such as the bombing of a market and two hospitals, have raised concerns about the potential escalation of such actions with an anticipated ground invasion.
While there have been sporadic warnings from the Israeli military prior to attacks, civilians are still protected from harm, regardless of their ability or choice to heed such warnings. The destruction of neighborhoods raises questions about whether it is a targeted response aimed at Hamas fighters or a disproportionate act of collective punishment against civilians who have been forced to live under Hamas control.
President Biden’s administration has briefly mentioned international humanitarian law, but the International Criminal Court (ICC) is expected to be more actively engaged. While Chief Prosecutor Karim Khan has faced criticism for the slow progress of the open investigation into war crimes in Palestinian territory, the renewed conflict may serve as a catalyst for greater initiatives. Former President Trump’s imposition of sanctions on Khan’s predecessor was deemed an assault on the institution of justice. President Biden, in a positive move, has lifted those sanctions. Notably, he also acknowledged the suitability of ICC charges against Russian President Vladimir Putin for alleged war crimes in Ukraine. This stance implies that the United States would no longer oppose ICC charges against Israeli officials for war crimes committed in Palestinian territory.
President Biden’s recent approach to the Israeli-Palestinian conflict has been criticized for its unwillingness to hold the Israeli government to the most basic standards of human rights. Numerous reputable human rights organizations have concluded that the Israeli government imposes apartheid on the Palestinian population in occupied territories. However, the Biden administration still considers this oppression temporary and continues to focus on a stagnant peace process supported mainly by Western governments seeking to avoid addressing the issue and the Palestinian Authority, whose existence relies on maintaining the rhetoric of a two-state solution that has long become a one-state reality.
This concerning situation becomes evident when examining negotiations for the normalization of relations between the Israeli and Saudi governments. While Mohammed bin Salman, the Saudi crown prince, reportedly addressed Palestinian concerns, his proposals only offer minor gestures that do not challenge the reality of apartheid. The Israeli government’s ongoing efforts to undermine the independence of the judiciary have also raised concerns, garnering substantial opposition from within Israel. However, this opposition carefully avoids addressing the underlying Palestinian issue, which Prime Minister Netanyahu aims to push aside indefinitely.
It is important to acknowledge that the aforementioned indifference to Palestinian rights does not justify Hamas’s war crimes. Such atrocities cannot be justified under any circumstances. However, understanding the backdrop of Palestinian oppression is crucial in comprehending the motivation behind Hamas’s brutal attack. President Biden’s focus on expressing outrage should be accompanied by a stronger defense of human rights, as this approach is essential in preventing future outbreaks of violence stemming from despair.
