Palestinians line up to fill water cannisters in Gaza City, on Oct.16.DAWOOD NEMER/AFP/Getty Images
Shawn Barber is a former Canadian diplomat and ambassador. He served in Israel and the Palestinian Territories from 1996-1998.
The United Nations is warning of a humanitarian disaster unfolding in Gaza, with at least 1 million residents displaced and at least 2,750 Palestinians now dead, including a reported 700 children. This, at a moment when the full wrath of Israel’s response to the heinous crimes of Hamas has yet to be seen. Last week, Israel’s Channel 13 reported an unnamed defence official’s warning that “Gaza will eventually turn into a city of tents. There will be no buildings.”
There have been serious armed clashes between Israel and Hamas in the past that have left thousands of people dead, most of them Palestinians. But as Prime Minister Benjamin Netanyahu spoke to the citizens of Israel last week, it was clear that this time was different. “We will exact a price that will be remembered by them and Israel’s other enemies for decades to come,” he said. His defence minister, Yoav Gallant, went further, saying, “We are fighting human animals, and we act accordingly.”
Israel has a right and a duty to defend its citizens in the face of atrocities committed by Hamas. We must, of course, support Israel’s right to defend itself. But we must also be clear that we expect Israel to act in a way that is consistent with the principles of international law, including the laws of armed conflict established by the Geneva Conventions. These laws recognize that if we can’t agree to end war, we can at least agree to establish some rules that limit its barbarity. This includes doing everything possible to avoid civilian casualties, and not punishing non-combatants.
In a statement in response to the Hamas attacks, Prime Minister Justin Trudeau offered Canada’s full “support for Israel’s right to defend itself, in accordance with international law.” In contrast to the Canadian position, the United States, Germany, France, Italy and Great Britain issued a statement that expressed unconditional support for Israel. No reference was made to international law.
The murderous Hamas leaders in Gaza have shown themselves to be unconstrained by any legal or moral boundaries. But that does not give Israel a pass to act without restraint. It does not relieve Israel of its obligation to act within the bounds of the law. Canada’s Ambassador to the United Nations, Bob Rae, made that point clearly in a tweet last week: “The commission of war crimes can’t be justified as a reprisal for other war crimes. Two wrongs do not make a right.”
Unfortunately, 48 hours after the Hamas attacks, Israel’s defence minister announced a “complete siege” of Gaza that cut off the supply of electricity, food, and fuel to the Palestinian enclave. Residents in northern Gaza – a population of around 1 million people – have been told to evacuate to the south, with civilians somehow expected to make their way over bombed roads, with no supplies or shelter, ahead of an imminent ground invasion. Water is now reportedly only available at one spot in the southern part of the territory (a complete cut-off was amended, reportedly after pressure from the U.S.) As stated by the United Nations, the relocation order “will only lead to unprecedented levels of misery and further push people in Gaza into the abyss.” This measure amounts to collective punishment, which is prohibited by Article 33 of the Fourth Geneva Convention. Unless Israel allows humanitarian supplies to make their way into Gaza, in the coming days thousands more will die. Under international law, this is a war crime.
In 2009, Israel invaded Gaza in Operation Cast Lead, in response to rocket attacks on Israeli cities and towns. It left an estimated 1,400 Palestinians dead. Five years later, it was Operation Protective Edge that killed more than 2,000. Analysts have likened these periodic military incursions to “mowing the grass” – the routine maintenance required to degrade Hamas’s ability to inflict harm on Israel. But on Oct. 7, the Hamas rockets still came by the thousands.
No one should believe that when the bombing stops – when the last Israeli soldier leaves Gaza, when the gates are bolted shut once again on two million Palestinians – that this will be over, and Israelis will be safe. The brutal, unvarnished truth is that Israel cannot crush Hamas any more than the West could crush the Taliban. The only way to deliver security to both Israelis and Palestinians is through a negotiated settlement. Neither side can kill its way out of this quagmire.
Canadian International Development Minister Ahmed Hussen has confirmed that Canadian humanitarian assistance would continue to be available to Palestinians. The government of Israel must lift its siege to allow these and other supplies to get into Gaza to reduce the suffering of innocent civilians. In the coming days, as this conflict intensifies, Canada must continue to call out clearly and forcefully for Israel to abide by its obligations under international law. Too many innocent people on both sides have already died.