Last Updated: November 02, 2023, 07:01 IST
A Palestinian man carries a casualty as others conduct search and rescue works at the site of Israeli strikes on houses in Jabalia refugee camp in the northern Gaza Strip. (Image: Reuters)
Jabalia Refugee Camp: Civilians and civilian structures must be spared – but death of civilians during a conflict does not necessarily constitute a war crime
Israeli air strikes on the Gaza Strip’s largest refugee camp “could amount to war crimes”, the UN Human Rights Office said on Wednesday while raising concerns about the growing number of disproportionate attacks. Israeli strikes have targeted the Jabalia refugee camp twice in two days, killing and wounding dozens, according to the health ministry in the Hamas-run Palestinian territory.
“Given the high number of civilian casualties & the scale of destruction following Israeli air strikes on Jabalia refugee camp, we have serious concerns that these are disproportionate attacks that could amount to war crimes,” the human rights office wrote on X, formerly Twitter.
#Gaza – Given the high number of civilian casualties & the scale of destruction following Israeli airstrikes on Jabalia refugee camp, we have serious concerns that these are disproportionate attacks that could amount to war crimes. pic.twitter.com/ky2jYVrhJq— UN Human Rights (@UNHumanRights) November 1, 2023
For over three weeks, Israel has pounded Gaza in retribution for the worst attack in the country’s history. Hamas gunmen stormed across the border from Gaza on October 7, killing 1,400 people, and taking more than 230 hostages, according to Israeli officials. Israel’s retaliatory bombing campaign has killed 8,796 people, according to Hamas-run Gaza’s health ministry.
Israel said its strikes on Tuesday and Wednesday killed two Hamas military leaders in Jabalia. It said the group had command centres and other “terror infrastructure under, around and within civilian buildings, intentionally endangering Gazan civilians.” Gaza’s Hamas-run government media office said that at least 195 Palestinians were killed in the two Israeli attacks on Jabalia, with 120 still missing under the rubble. At least 777 more were wounded, it said in a statement.
UN chief Antonio Guterres is “appalled over the escalating violence in Gaza, including the killing of Palestinians, including women and children in Israeli air strikes in residential areas of the densely populated Jabalia refugee camp”, his spokesman Stephane Dujarric said Wednesday. “The Secretary-General reiterates that all parties must abide by international humanitarian law, including the principles of distinction, proportionality, and precaution. He condemns in the strongest terms any killing of civilians,” the UN spokesperson added.
War crime and principle of proportionality
The principle of proportionality referred to by the UN plays a central role in the wars of law defined by the Geneva Conventions. Civilians and civilian structures must be spared — but the death of civilians during a conflict does not necessarily constitute a war crime. Warring parties can launch attacks deemed proportionate on military targets even while knowing that civilians could also be hit.
A crime is committed when an attack is deliberately carried out against civilians, or if the scale of the damage to civilians is excessive compared to the military advantage. The International Criminal Court is the only independent international legal authority that carries out investigations into genocide, war crimes and crimes against humanity, but Israel is not a member.
(With agency inputs)
