“It’s terrible, but isn’t that to be expected in times of war? » This is the comment received repeatedly by spokespersons for Médecins du Monde and Oxfam invited to comment on attacks against civilians or medical and humanitarian personnel in Gaza.
“Iron Swords,” the Israeli operation that followed Hamas’s targeted attacks against Israeli civilians on October 7, is governed by international humanitarian law (IHL), a set of rules specifically designed to preserve humanity in wartime. This right imposes obligations on all parties to the conflict, whether states like Israel or non-state armed groups like Hamas, to protect people not involved in the hostilities (civilians, wounded, sick) and provide them with necessary assistance.
However, the intensity and duration of the indiscriminate and systematic violence against civilians and humanitarian personnel, of which we are witnesses and victims in Gaza, far exceeds what is usually expected in times of war, particularly on the part of a party to the conflict having a clear chain of command and significant military and technological means at its disposal.
The Israeli air offensive is unprecedented in the military history of the 21ste century. During the first three months of the conflict, it is estimated that an average of 21 bombs fell every hour1 on a territory smaller than the island of Montreal.
Twice as many women and children died in Gaza in two months than in Ukraine in two years2. Nearly 800 attacks on hospitals and healthcare workers have been documented3. At least 249 aid workers have been killed, six times more than in any other conflict during the same period4.
Gaza has become the most dangerous place on Earth for civilians, but also for the caregivers and aid workers who provide aid to them.
Whatever its military objectives, Israel cannot evade its responsibilities under IHL: neither by invoking self-defense or reprisals, nor by so-called preventive measures intended to limit civilian losses (such as evacuation notices) but which are inappropriate or ineffective, nor by pleading error on multiple occasions. Ditto with the use of artificial intelligence programs to identify military targets which, without the necessary human supervision (as revealed in several reports5) only intensify indiscriminate violence against civilians and humanitarian personnel.
“But Canada defended international humanitarian law in Gaza, right? »
Certainly, respect for IHL was requested, “deep concerns” were expressed, a temporary ceasefire was demanded, but most of Israel’s allies, and first and foremost the United States and Canada , have not stopped their moral, military and material support for this offensive, going so far as to question the legitimacy of the orders of the International Court of Justice. Military equipment is still exported6no economic sanctions are applied, diplomatic ties are not called into question.
Remember that under the Geneva Conventions of 1949, third party States to a conflict have the obligation to do everything reasonably in their power to ensure that they are respected.7.
The interests protected by IHL are of such fundamental importance to humanity that every State has a legal interest in their protection, whatever the conflict and whoever the victims may be. The way in which Israel is waging this war and the “laisser-faire” attitude of its allies, including Canada, are eroding the principles of protecting civilians and the ability of humanitarian organizations like ours to come to their aid.
Moving from words to action, with more firmness, would allow Canada to credibly maintain its “long tradition of supporting humanitarian efforts throughout the world” highlighted in the last federal budget so that in Gaza, as elsewhere, they can innocent lives held captive by conflicts be saved.
1. Read “Unexploded bombs, a long-term threat to life in Gaza”
2. Read “Gaza Civilians, Under Israeli Barrage, Are Being Killed at Historic Pace”
3. Read “Medical Equipment “Deliberately Destroyed” in Gaza Hospitals”
4. Read “Press Statement on Humanitarian Workers and Threat of Famine in Gaza”
5. Read “‘The Gospel’ That Raises Moral Issues”
6. Read “Canadian arms ban on Israel: Step in the right direction but no silver bullet”
7. Consult international humanitarian law databases
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reference: www.lapresse.ca