The most recent upswing in violence involving Israel and Palestine took place in Gaza from Dec. 27, 2008 to
Jan. 17, 2009. The conflict was serious for both sides. However, it is interesting to note there seems to be a lack of criticism aimed at Israel, even though they continuously violate international law flagrantly.
The Israelis and Palestinians suffered tremendously during the recent events. In the recent conflict alone, about 1,300 Palestinians were killed, including about 400 children, while 13 Israelis were killed, including three civilians. Israel has stated it attacked Gaza because of Hamas' rocket attacks. This is true. However, the attacks came after Israel decided to break the cease-fire agreement.
Israel has the opportunity to accept the international consensus when it comes to resolving the conflict, U.N. Security Council Resolution 242. The pre-ambular paragraph clearly expresses its opinion, the inadmissibility of the acquisition of territory by war
that is, the illegality of Israel acquiring the West Bank, Gaza, and East Jerusalem through the June 1967 war. The illegality of Israel's conduct in the occupied territories was reaffirmed by the International Court of Justice (World Court) in its July 2004 advisory opinion on the separation wall Israel is building. The World Court found in order to reach its decision, it had to render judgment on the questions of borders, settlements, and East Jerusalem. The World Court found Israel in violation of international law on all of these questions.
The U.N. also has stated that the Fourth Geneva Convention applies to the occupied territories. Israel often claims it unintentionally kills civilians. However, Article 3 of the Fourth Geneva Convention prohibits use of force that fail to discriminate effectively between military and civilian targets. As Israeli journalist Gideon Levy wrote in an op-ed in the Israeli newspaper Haaretz following the Israeli shelling of Beit Hanoun in November 2006, someone who throws burning matches into a forest can't claim he didn't mean to set it on fire and anyone who bombards residential neighborhoods with artillery can't claim he didn't mean to kill innocent inhabitants.
Independent inquiry from respected human rights organizations such as Human Rights Watch, Amnesty International and B'Tselem all have found that Israel has used excessive force to punish Palestine as whole. Article 33 of the Fourth Geneva Convention explicitly forbids collective penalties and punishment for a crime an individual did not commit. The question of Israeli settlements is also uncomplicated: Article 49 of the Fourth Geneva Convention specifically prohibits an occupying power from establishing settlements composed of its nationals, and prohibits an occupying power from transferring its population to occupied territories.
The international consensus on resolving the conflict is remarkably clear. It is voted on every year in the U.N. General Assembly, and each year the vote is overwhelmingly in favor of a two-state settlement on the pre-June 1967 borders. For example, in 2005, the resolution passed with a 156-6 vote.
In summary, this perspective is rooted in a deep conviction the ideals of a democratic society and of a peaceful international community depend on the willingness of all states to adhere to international law and the rights of states to live in security and peace. I am convinced if we as a campus, country and international community come together and debate and engage in useful dialogue aimed at creating peace in the region. This conflict, along with others, should and can be resolved in a manner in which all sides benefit.
Alex Homan is a senior studying political science and international relations and a writer for The Post's general assignment staff.
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Opinion
Alex Homan
