Collective punishment is a war crime. Israel is doing it anyway

Israeli Minister Katz's remarks this week confirm what legal experts have long argued: Israel is carrying out collective punishment against the people of Gaza. Central to this accusation is the video released by the Israeli Defense Minister directly addressing "residents of Gaza," issuing a "final warning." This declaration has intensified scrutiny of Israel's actions and their impact on the civilian population.

In the video, Katz warned, "Soon the operation to evacuate the population from the combat zones will resume, and what follows will be more severe: you will pay the full price." He called on Palestinians in the Gaza Strip to return Israeli captives and expel Hamas. "The other option is total destruction and devastation." The severity of this ultimatum raises serious concerns about the potential for further escalation and civilian casualties.

Collective punishment, defined as actions taken against a group in response to acts committed by individuals considered part of that group, is a war crime. Under the Fourth Geneva Convention, Palestinian civilians in Gaza, as non-combatants living under occupation, are protected persons. However, in recent days, Israeli rhetoric and actions appear to be punishing a group that bears no responsibility for any crimes. This apparent disregard for international law has drawn widespread condemnation.

Shawn D'Arcy, a senior lecturer at the School of Law at the University of Galway in Ireland, stated, "Promising 'total destruction' if hostages are not released and Hamas is not eliminated, using civilians as instruments of war, is fundamentally contrary to international humanitarian law." Médecins Sans Frontières accused Israel of preventing aid from entering Gaza, "using aid as a bargaining chip in war." Egypt and Saudi Arabia have also condemned Israel's cutting off of electricity as collective punishment. These criticisms highlight the growing international concern over the humanitarian crisis in Gaza.

Alonso Gurmendi Dunkelberg, a researcher at the London School of Economics focusing on international regulations of war, stated, "Israel's current policies amount to collective punishment, and more specifically, starvation as a method of warfare." D'Arcy believes that Israel's refusal to provide food, electricity, and aid is "the most shocking example of collective punishment in this or any recent conflict." He added that Israel has been practicing collective punishment in the Palestinian territories for decades, such as demolishing homes as punishment. The long history of such actions underscores the deep-seated nature of the conflict.

The Irish Prime Minister also called Israel's resumption of war this week collective punishment. Israeli forces unilaterally ended a fragile ceasefire in Gaza, launching a series of devastating attacks on densely populated areas. The military claimed the targets were Hamas commanders and infrastructure, but the victims were hundreds of civilians waking up for their pre-dawn meal during Ramadan; over 600 people have been killed since Israel resumed the war, more than 200 of whom were children. The disproportionate impact on civilians raises serious questions about the legality and morality of the military operations.

Gurmendi Dunkelberg believes that Katz's remarks suggest that the purpose of the military operation is to create terror among civilians, admitting that the targets are civilians, not just Hamas. He added that such a statement is relevant not only to the prosecution of war crimes, but also to genocide. "I expect the International Criminal Court prosecutor to eventually request Katz's arrest as well." The potential for prosecution underscores the gravity of the situation and the potential for accountability.

Katz's predecessor, Yoav Gallant, is already wanted by the International Criminal Court for alleged war crimes and crimes against humanity in Gaza. He and Israeli Prime Minister Benjamin Netanyahu are accused of using starvation as a method of warfare, intentionally causing great suffering, intentional killing, intentionally attacking civilians, and extermination, among other crimes. D'Arcy stated that Israel's recent violations, as well as many other potential crimes, should be prosecuted in Israel, the International Court, and courts in other countries under the principle of universal jurisdiction. "However, double standards have allowed Israeli political and military leaders to evade responsibility, and this selective justice both undermines the international legal system and deprives Palestinian victims of justice." The ongoing pursuit of accountability reflects the international community's commitment to upholding the rule of law and ensuring justice for victims of war crimes.