Is the siege of Gaza within international law? Why Biden warned Israel to ‘operate by rules of war’
President Joe Biden has urged Benjamin Netanyahu to “operate by the rules of war” as Israel continues to carry out a “complete siege” of Gaza.
Defence officials vowed to destroy Hamas after militants broke through its border walls on Saturday and killed at least 1,200 people, many of them civilians.
A retaliatory “siege” has subsequently plunged Gaza into darkness, with supplies of electricity, fuel, food, goods and water all being cut by an Israeli-imposed blockade.
What laws govern this conflict?
A system collectively known as the “Law of Armed Conflict” applies to government forces and organised armed groups, including Hamas.
If alleged perpetrators of crimes are not brought to justice at home, the International Criminal Court (ICC) in The Hague is the only international legal body able to bring charges.
On Tuesday, the ICC confirmed its mandate applies to potential crimes committed in the current conflict and said it continues to gather information.
Is Israel at risk of breaching international law?
Israeli Defence Minister Yoav Gallant has drawn criticism from United Nations officials and human rights groups by announcing the tightened blockade on the Gaza Strip – an area home to 2.3 million people.
New-York based Human Rights Watch states possible crimes include the deliberate targeting of civilians, indiscriminate rocket attacks and the potential taking of civilians as hostages.
So far, at least 1,200 people – including 326 children – in Gaza have been killed by Israeli bombardments, and more than 5,000 have been wounded.
Israel said on Thursday that there would be no humanitarian break to the siege until all of its 150 hostages were freed, despite the Red Cross pleading for fuel to be allowed in to prevent overwhelmed hospitals from “turning into morgues”.
Earlier this week, UN Human Rights chief Volker Turk said “sieges” were illegal under international law and claimed Israeli air strikes against Hamas have struck residential buildings and schools across the Gaza Strip.
Mr Turk also condemned “horrifying mass killings by members of Palestinian armed groups” and said the militants’ abduction of hostages was also forbidden under the Geneva Conventions.
Both the actions of Hamas militants and Israel’s response could be subject to a war crimes investigation.
What did President Biden say?
On Wednesday, President Biden told a gathering of US Jewish community leaders at the White House that he had spoken with Israeli Prime Minister Benjamin Netanyahu and urged him to follow international law.
“We have a very frank relationship. I know him well,” President Biden said.
“And the one thing that I did say is that it is really important that Israel, with all the anger and frustration… that exists, operate by the rules of war.
“And there are rules of war.”
The remarks were the president’s first call for restraint since the start of Israel’s response to what he called the “sheer evil” of the Hamas attacks.
An escape route for civilians?
The closure of crossing points out of Gaza have left the 2 million residents trapped and with nowhere to escape.
As momentum gathers for a potential Israeli ground invasion, White House National Security spokesman John Kirby has confirmed the US was in “active talks” over creating a safe passage for civilians.
No specific details were announced, but aid groups are hoping to use a safe passage to bring in supplies.
The UN and Egypt are also working to open a humanitarian corridor to enable the delivery of food, fuel and water.
