Image Credits: @emad_el_bayed on Unsplash (Unsplash License)

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A Contentious History

The Israeli-Palestinian conflict encompasses decades of tension. As a reaction to antisemitism in Europe, the Zionist movement began and called for the creation of a Jewish homeland in Palestine, then part of the Ottoman Empire. With Great Britain’s support, Jewish immigration to Mandate Palestine rose significantly after World War I, especially as persecution continued to escalate in Europe. However, this fueled Palestinian discontent and led to the 1936-39 revolt. Shortly after, the United Nations proposed dividing Palestine into separate Jewish and Arab states, with Jerusalem under international control. While Jewish leadership accepted the plan, Arab opposition escalated into violence, resulting in the 1948 Arab-Israeli War.

During the 1967 Six-Day War, Israel occupied territories including the West Bank, East Jerusalem, the Golan Heights, and the Gaza Strip. This led to the construction of Israeli settlements in Palestine, heightening tensions between Israelis and Palestinians. After decades of strife, the Oslo Accords were negotiated to pave the way for a two-state solution and create lasting peace in the region. However, the treaty failed in its goal as tensions continued to build in the coming years. Hamas, an Islamist militant group, took control of the Gaza Strip in 2007. This prompted Israel to impose a total blockade on the region that restricts the flow of goods and people. On October 7, 2023, Hamas launched a surprise attack against Israel. The attack on Israel escalated the severity of the conflict and prompted Israeli military operations in Gaza to root out Hamas. The subsequent conflict has attracted international attention, raising concerns about the spiraling humanitarian crisis in Gaza and questions of the efficacy of international law to stabilize the conflict. 

Human Rights Concerns

In 2022, Amnesty International released a 280-page report highlighting Israel’s institutionalized oppression of Palestinians. The report discusses various human rights abuses: including land seizures, unlawful killings, and arbitrary restrictions on freedom of movement. Under this criteria, Amnesty International’s report suggests Israeli officials are guilty of committing crimes against humanity, specifically apartheid, which falls under the jurisdiction of the International Criminal Court (ICC). Additionally, Israeli authorities reinstated the Citizenship and Entry into Israel Law. In effect, this law has significantly impeded Palestinian family reunification and freedom of movement, resulting in segregation and ethnically Jewish majorities in formerly Palestinian-majority areas. Israel’s Supreme Court also upheld a law allowing the interior minister to strip citizenship from individuals convicted of acts considered “disloyal” to the state, disproportionately affecting Palestinian-Israeli citizens. At checkpoints, Israeli officials employ facial recognition software, which has been criticized as a tool to reinforce discriminatory practices and segregation.

As the conflict intensified, new concerns regarding human rights violations surfaced. Since entering Gaza, Israel has been accused of targeting and killing civilians with no connection to Hamas. Israel’s attacks in Gaza have killed at least 27,478 Palestinians and injured 66,835 others – an unprecedented rate since the start of the Israeli-Palestinian conflict. Furthermore, 1.7 million people, approximately 75% of Gaza’s population, were forced to evacuate from their homes. Through its large-scale airstrike operation, Israel has struck houses, schools, and hospitals – reducing the already fragile infrastructure in Gaza to rubble. Because of the substantial destruction in Gaza, the majority of people will find themselves without a home or access to essential services after the conflict comes to an end.

In the past months, the use of torture against Palestinian prisoners reportedly increased within Israeli prisons. Many Palestinians, including children, face severe physical and psychological abuse, like beatings, electric shocks, and solitary confinement. In these prisons, the cramped and unsanitary conditions create breeding grounds for disease, while inadequate food supplies leave inmates struggling to survive. Moreover, Israeli authorities have instituted humiliating practices such as making Palestinians strip for transport and assigning them numbers instead of names. There are also reports of Israeli soldiers circulating videos of themselves assaulting prisoners, further showcasing the mistreatment of Palestinian detainees. Many of these prisoners recount feeling dehumanized and traumatized by their experiences in Israeli custody.

In addition, Israel’s blockade severed Gaza’s access to essential resources like water, food, and electricity. Recent reports show that half the population faces starvation and uncertainty about their next meal. The situation is exacerbated by overcrowded shelters, lack of food distribution, and increasing desperation among the population. In the face of severe shortages, some people grind animal feed as a substitute for flour and dig into the ground to access water. Israel’s restrictions on necessary resources amount to collective punishment, where sanctions are imposed on an entire group of people as retribution for the actions of a smaller subgroup. Under international law, collective punishment is strictly prohibited and is considered a war crime.

Many Palestinians also experience mental health issues as a result of the ongoing conflict. Palestinians face unimaginable trauma: the loss of loved ones, the sight of destruction, and the endless cycle of displacement. A shocking 2022 report revealed that 95% of Gaza’s youth exhibit symptoms of anxiety, depression, and trauma. These children bear the weight of the Israeli occupation, with their entire lives shaped by a conflict they were born into and its devastating consequences. Kids suffering from trauma may have nightmares, outbursts of anger, revert to younger behaviors like bedwetting, or exhibit other signs of emotional distress. Moreover, this trauma may have lasting repercussions for these children, as violent upbringings increase the risk of future violence, contributing to patterns of transgenerational trauma.

South Africa v. Israel

In December of 2023, South Africa filed an application against Israel at the International Court of Justice (ICJ), claiming violations of the Convention on the Prevention and Punishment of the Crime of Genocide. South Africa asserts that Israel’s actions have led to significant civilian deaths, injuries, and displacement, showing an intent to destroy the Palestinian people. Such practices align with the definition of genocide, and South Africa argues that all states in the Genocide Convention must hold others accountable for their actions. In January 2024, the ICJ released six provisional measures, ordering Israel to take steps to prevent genocide and guarantee essential services for the people of Gaza. Though not a final judgment, these measures highlight the court’s serious consideration of these allegations and its intent to delve deeper. 

Due to the case’s early stage, it will likely take several years for the court to issue a final verdict. In the meantime, Israel is expected to respond by challenging the court’s jurisdiction and denying the allegations. Furthermore, it is crucial to recognize that the ICJ does not have the same prosecutorial power as the ICC when it comes to crimes like genocide. Nevertheless, it plays a critical role in resolving disputes between states, with its rulings widely respected by the UN and other international institutions. Thus, failure to comply with the ICJ’s order could lead to serious repercussions for Israel, including sanctions or embargoes.

Why This Matters

The Israeli-Palestinian conflict showcases the devastating consequences of neglecting human rights. The Palestinians have endured decades of oppression, land seizures, restricted movement, and military attacks. This ongoing conflict has had a profound impact on Palestinian society, inflicting physical and psychological trauma on generations, which will affect the future. 

This conflict also raises questions about the effectiveness of international law in preventing human rights abuses. International law can provide the legal framework for addressing humanitarian issues and holding states accountable for violations. Furthermore, institutions such as the International Court of Justice can offer a platform for negotiation and potential peace agreements. Conversely, international law may have limited success because of its inconsistent application and inadequate enforcement mechanisms. Under such circumstances, powerful nations can disregard international laws with minimal repercussions, while smaller states face greater accountability for minor infractions. In short, ensuring global justice depends on strengthening and impartially enforcing international law.