Israel Faces Growing Legal Pressure Over Deliberate Starvation Allegations in Gaza

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ICARO Media Group
Politics
20/03/2024 22h13

In a significant development, the accusation that Israel may be committing a war crime by intentionally starving the population in Gaza has brought forth the possibility of legal repercussions for the country. The United Nations and other humanitarian organizations have supported the claim, and there is mounting evidence to support the charge of a "man-made famine" caused by obstructing the entry of aid into Gaza.

Reports indicate that the Israel Defense Forces have hired numerous lawyers to defend against anticipated legal challenges. The gravity of the situation is amplified by the fact that Israel is already facing a complaint of genocide from South Africa at the International Court of Justice (ICJ), which includes allegations of incitement to genocide by senior Israeli political officials.

To compound matters, Israel is the subject of a provisional emergency ruling by the ICJ, ordering the country to admit life-saving aid to Gaza. These latest developments have prompted concerns regarding Israel's legal culpability, potentially leading to international legal action.

The gravity of the food crisis was underscored by United States Secretary of State Antony Blinken, who stated that all 2 million people in Gaza were suffering from "severe levels of acute food insecurity." This marks the first time that the entire population of Gaza has been classified under such conditions.

Differentiating this issue from other aspects of Israel's conflict with Hamas in Gaza, the deliberate starvation occurring in the Palestinian territory appears to have clearer and simpler definitions in terms of a war crime. The Rome statute of the International Criminal Court defines starvation as intentionally starving civilians by depriving them of essential items for survival and wilfully impeding relief supplies, a definition that lays the groundwork for the accusations against Israel.

As a belligerent occupying power in Gaza, Israel is legally responsible for ensuring the food and medical supplies of the population, in accordance with Article 55 of the Fourth Geneva Convention. This responsibility mandates the occupier to bring in necessary provisions when the resources of the occupied territory are inadequate.

Crucially, the United Nations' Gaza famine review committee, staffed by international food security experts, constitutes a central pillar of evidence in any case against Israel for provoking a famine. Their findings, falling under the Integrated Food Security Phase Classification (IPC) - considered the international gold standard in assessing food crises - highlight the dire situation in Gaza. The committee has relied on World Food Programme surveys, which revealed that Palestinians are already facing emergency and catastrophe-levels of malnutrition.

The IPC committee also examined the access for food trucks to the most severely affected areas and found that only a limited number of trucks carrying food aid are authorized to enter, with no reports of food trucks being able to discharge in Gaza City since early February.

Moreover, independent analysis presented to the Biden administration by Oxfam America and Human Rights Watch has drawn attention to Israel's failure to comply with international law in terms of aid obstruction in Gaza. The analysis accuses Israel of systematically preventing aid from reaching the approximately 300,000 Palestinians in northern Gaza, where the threat of starvation is most acute. Such actions are considered in violation of international humanitarian law, which explicitly prohibits deliberately causing hunger and depriving the population of food or supplies during a conflict.

Adding to Israel's legal exposure, statements made by Defense Minister Yoav Gallant during the war advocating a "complete siege of Gaza" have raised concerns. Although Israel has allowed a minimum amount of aid under international pressure, complaints have persisted that the quality is insufficient. This has prompted air drops and attempts by other countries to establish a sea bridge for aid delivery.

Israel's offensive on Gaza has led to mounting legal risks, causing anxiety within the Israeli military. The international legal pressure on Israel has been escalating, with the International Criminal Court recently issuing arrest warrants against Russian generals for their alleged involvement in attacks on a Ukrainian power plant and causing noncombatant casualties without justification.

With the growing body of evidence and legal challenges surrounding the deliberate starvation allegations, it is becoming increasingly evident that Israel may face legal consequences, including potential international legal action at the International Court of Justice. The situation remains fluid, and how events unfold in the coming weeks will determine the legal trajectory of this highly contentious issue.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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