by- Shanaya and Prince
INTRODUCTION
In recent times, the Israeli-Palestinian conflict, marked by historical struggles for control over the holy land, has witnessed a grave escalation, notably with the Hamas-led attack in Israel. This conflict, deeply rooted in the quest for territorial dominance, has led to major wars, and the most recent outbreak on October 7, 2023, has global ramifications. To comprehensively analyse the violations of human rights, we must delve into the jurisprudence of international law, particularly the Universal Declaration of Human Rights (UDHR). By comparing legal principles with the current situation, we can determine potential liability under international law as Courts' interpretations of UDHR provisions can serve as a benchmark for evaluating ongoing violence. Historically, the Balfour Declaration in 1917 aimed to establish a Palestinian state for Jews, setting the stage for a protracted stalemate. This Tension further escalated in 2021 after a decision from the Supreme Court of Israel regarding eviction of six Palestinian families in east Jerusalem, neighbourhood of Sheikh Jarrah.
The latest violence, exemplified by Hamas's attack on southern Israel, has sparked a brutal response as the conflict has resulted in a grave humanitarian crisis, affecting not only the two nations involved but also resonating the consequences globally. According to the latest UN Report, it has been interpreted that despite the intent to target only Hamas and its infrastructure, the consequences have been devastating for civilians, with thousands of innocent lives lost as well. The ongoing situation majorly deteriorated on November 12 when Israel targeted hospitals and healthcare facilities, violating the right to medical care outlined in international declarations as the World Health Organization (WHO) reported over 500 casualties, including medical workers, in 137 attacks on healthcare facilities in Gaza. These attacks directly challenge the fundamental human rights outlined in the UDHR, particularly the right to life and a living standard adequate for health and well-being. In examining liability, it's essential to explore decisions by the International Court of Justice (ICJ). Identifying the liable areas left unaddressed despite prima facie violations can include passive violations over time through sanctions and other non-equity-based decisions in the Gaza Strip.
Despite ongoing challenges, global entities like the World Health Organization (WHO) are actively engaged in addressing the humanitarian crisis and the Immediate action is crucial, with a focus on condemning civilian targeting, expediting humanitarian aid, and facilitating diplomatic resolutions. Not to exaggerate but, the Israeli-Palestinian conflict underscores the consequences of long-standing animosities. Hence, effective resolution requires a comprehensive strategy, combining diplomatic efforts, international monitoring, and support for a two-state solution. The goal is to shed light on the need for the international community to uphold obligations under the convention and international customary law to prevent and punish such occurrences. Subsequent sections will delve into the root causes, the cycle of retaliatory measures, and potential avenues for resolution, aiming to contribute to a deeper understanding and collective action in addressing this critical issue." Substantially, the international community's role in enforcing UDHR principles is crucial and failure in enforcement of the rights contributes to conflicts. Hence, this article aims to shed light on the need for collective action to prevent and punish human rights violations.
Humanitarian Crisis in Gaza (Human Right Violation)
The pervasive health crisis and other egregious actions against the residents of Gaza unequivocally breach the established legal precedents, thus constituting a clear violation of human rights under international conventions. Delving more into the jurisprudence of the Universal Declaration of Human Rights (UDHR), particularly Article 25, which defines health as an integral part of the basic right to an adequate standard of living, reveals a compelling basis for the breach. Furthermore, Article 6 of the International Covenant on Civil and Political Rights explicitly asserts the intrinsic right to life, stipulating that no one's life shall be taken without cause. The ongoing atrocities in Gaza, characterized by targeted attacks on healthcare facilities and civilians, mirror the jurisprudential essence of these provisions. Examining past legal precedents, such as decisions by the International Court of Justice, strengthens the argument for human rights violations, as it highlights the recurrent failure to protect innocent lives and ensure access to essential medical care. The systematic nature of these actions underscores a breach that extends beyond sporadic occurrences, aligning with the international legal understanding of systematic human rights violations.
Firstly, it is imperative to underscore the impactful consequences arising from the blockade of Gaza borders led by Israel which has precipitated severe shortages of fuel, food, water, and other essential goods. The cessation of power supply by Israel has resulted in a widespread electricity deficit across Gaza, exacerbating the situation. Notably, the primary power plant in the region depleted its fuel reserves weeks ago, exacerbating the energy crisis. Compounding these difficulties, the timely delivery of fuel cargoes is being hampered, and the entry of critical humanitarian aid is being severely restricted. This has resulted in a serious lack of medical supplies, putting an enormous strain on Gaza's healthcare workers, who are already straining to provide proper care for patients. Regrettably, the cumulative impact of airstrikes and acute fuel scarcity has resulted in a troubling consequence, with more than half of Gaza's hospitals forced to close their doors. Those that remain in operation are limited in their ability to provide full medical services, offering just rudimentary care at best. This multidimensional crisis highlights the critical necessity for diplomatic engagement and joint measures to ease Gaza's humanitarian plight and ensure the timely transfer of essential resources and enable the resumption of critical medical services. Due to a scarcity of fresh water and iodine, wounds have become dirty, putting patients' injuries at danger of infestation. Proper patient cleanliness, wound cleansing, and bedsheet changes have become increasingly difficult for medical personnel.
Secondly, it is imperative to contextualise the current health crisis in Gaza by addressing its historical roots as Israel imposed a thorough embargo in 2007, a policy choice that has had long-term consequences for the region's well-being. Furthermore, contamination of ground water sources is of special concern, a result of excessive usage as a result of restricted access to the essential needs. This historical trend emphasises the ongoing issues caused by the blockade, as the combined impact of limited access to key resources, such as clean water, has contributed to a protracted health catastrophe. Conclusively, in the UN data it has been provided that only 5% of Gaza's water needs are now being met. And lastly, it is impertinent to note that, since Israel tightened the closure of Gaza following Hamas strikes last month, things have further deteriorated. The situation has transcended the limits of ignorance to a degree where United Nations Secretary General Antonio Guterres has invoked Article 99 of the UN charter in response to the “humanitarian catastrophe” unfolding in the Gaza strip. Under Article 99 of the UN Charter, the Secretary General has the power to “bring attention of the Security Council on any matter which in his opinion may threaten the maintenance of international peace and security.” If the council follows Guterres' advice and passes a cease-fire resolution, it acquires new powers to oversee its execution. But Article 99, on the other hand, does not give Guterres the authority to compel the Security Council to accept resolutions. The five permanent members' veto power—China, Russia, the United States, the United Kingdom, and France—poses considerable difficulty.
Global Responses
In order to ensure that the situation improves in a decent manner, the WHO has released certain rescue and protection guidelines in the light of the health crisis. These rescue procedures include trauma medicines, supplies for 1,200 people, and 235 portable bags for the on the spot stabilization of injured patients. Furthermore, the WHO collaborated with the Egyptian and Palestinian Red Crescent Societies to ensure the safe delivery of these crucial supplies to hospitals and health facilities and is working swiftly to obtain medical supplies locally and preparing supplies from its Global Medical Logistics Hub in Dubai, UAE, to fulfil the demand. Additionally, WHO requests that assistance convoys and humanitarian staff in Gaza be protected as they seek to guarantee the safe delivery of these commodities to where they are most needed.
However, these are not isolated cases; according to WHO, as of November 10, 18 of 36 hospitals and 46 of 72 basic care clinics had to close. These closures are the result of attack damage and a scarcity of key supplies such as electricity and gasoline. The continuing bombardment is putting Gaza's healthcare infrastructure on the verge of collapse, making it increasingly difficult to care for the injured and those in need of medical assistance. While, at the same time, WHO director – general Tedros reaffirmed his long support for a “two state solution where the resolution of the Israeli-Palestinian problem by the creation of two autonomous, separate states for Israelis and Palestinians, living side by side, within internationally recognized borders and each state would be independent over its own area and have the right to self-determination. ” as this is not going to be beneficial only from the lens of Palestinian State but from Israel too.
Conclusion
The Israeli-Palestinian conflict stands as a distressing testament to the dire consequences of long-standing animosities and geopolitical struggles. The recent escalations, particularly the attacks in Gaza, have not only intensified the conflict, but have also plunged the region into a severe humanitarian crisis. The disregard for human rights, especially the right to life and access to healthcare, has exacerbated the suffering of innocent civilians, including children, creating a cycle of devastation.
To address this crisis, immediate action is imperative. The international community must unequivocally condemn the targeting of civilians and healthcare facilities, recognizing these acts as blatant violations of international humanitarian law. Humanitarian aid should be expedited to alleviate the dire shortages of essential supplies, including medical resources and basic necessities like food and water, in Gaza. Efforts must be made to facilitate the safe and unimpeded delivery of aid to those in need, ensuring the protection of humanitarian workers and convoys.
while the Israeli-Palestinian conflict remains deeply entrenched and complex, it is clear that the path to resolution is fraught with challenges. The analysis provided underscores the critical role of international legal frameworks, particularly the International Criminal Court (ICC) and International Humanitarian Law (IHL), in shaping the future trajectory of this conflict. The direction of events hinges greatly on how these bodies perceive and respond to the situation. Their actions will determine whether accountability and justice are realized, or whether the cycle of violence and injustice persists. As such, the focus must remain on understanding the nuances of the conflict and advocating for principled and fair resolutions, even amidst scepticism about the prospects for immediate peace.
Shanaya and Prince are first year law undergraduates at GNLU