International Law and Accountability
by Jonathan Kuttab
This is what the Lord says: Do what is just and right. Rescue from the hand of the oppressor the one who has been robbed. Do no wrong or violence to the foreigner, the fatherless or the widow, and do not shed innocent blood in this place (Jeremiah 22:3).
One of the casualties of the current situation in Palestine is international law itself and the respect, dignity, and effectiveness of international institutions. As the events in Gaza continue to unfold, it seems there is little or no fighting taking place. Rather, we are witnessing the grizzly, daily spectacle of a population being pummeled by bombs, forced to relocate again and again, starved and deprived of all aspects needed for life, and its campsites (in supposedly “safe zones”) subjected to daily outrages–as the Israeli Army experiments on their live bodies with new and more sophisticated forms of killing and mayhem. Their hospitals and food distribution centers, especially, are repeatedly targeted. Israelis indulge in a lust for vengeance and sadistic practices carried out in broad daylight with utter impunity, disdain for international opinion, or international law and norms. For this level of arrogance, I believe the current U.S. administration and its “umbrella” of support is directly responsible. This goes far beyond providing the military, financial and logistical support Israel needs for its genocidal practices. It is most felt in the U.S. providing diplomatic cover and active support for impunity and exceptionalism that renders international law and institutions ineffective and inoperable when it comes to Israeli war crimes. The incoming administration and Congress are likely to continue this trend, as they threaten the judges, prosecutors, and those who attempt to enforce international law on Israel with direct sanctions and retribution.
Much of international law, norms and institutions developed after World War II as a reaction to the carnage witnessed there, and in recognition that with more and more destructive weapons it was necessary to institute rules and regulations that reduce the chances of war and ensure some measure of protection for innocent civilians, as well as respect for hospitals and other civilian structures. It also included prohibitions on a number of practices, such as collective punishment, the use of hunger as a weapon war, abuse of prisoners and wounded soldiers, targetting healthcare facilities, distinction between combatants and noncombatants, prohibition on apartheid, a prohibition on annexing land captured during war, and a convention for the prevention and punishment of the crime of genocide, an international court of justice for adjudicating disputes, and an international criminal court for punishing war criminals and crimes against humanity. By and large, these measures have benefited humanity tremendously and immeasurably reduced suffering during wars that became limited in scope and largely fought in regions like Africa and the Middle East. There were many reasons for this, but a broad overview of human history in recent decades shows the relative effectiveness of these instruments.
It is a sad thing indeed that almost all of these principles and institutions have come under severe attack during the recent events in Israel/Palestine, and that, with U.S. support, both in the Security Council (utilizing the veto power) and elsewhere in the international arenas, Israel feels it can flaunt all these rules with utter impunity. Those who object are not only called anti-semitic but face serious consequences from the United States, which shamelessly maintains a double standard as it holds its enemies to these rules but is unwilling to apply them to itself and to its friends. Many have complained in the past about the apparent double standard, but never has it been so blatant and conspicuous as now.
The case for genocide brought by South Africa against Israel at the ICJ and the arrest warrants for Israeli war criminals issued by the ICC have brought matters to a head. The U.S. and Israel, after failing in their attempts to thwart such procedures, reacted with outrage. Several European countries declared initially that they would indeed arrest Netanyahu and Gallant if they entered their territory. Under intense pressure from the U.S. and Israel, President Macron of France waffled and claimed that he would not arrest Mr. Netanyahu. Later, he said the matter would be up to the courts and that France would indeed honor its obligations under international law. Civil society groups in Europe made it clear they would demand their courts and their governments respect international law. Indeed, groups have started organizing to bring cases against other Israeli officials, even against soldiers who boldly filmed themselves committing war crimes and posted it on their social media, and they are planning to demand the arrest of specific individuals if they enter their countries. For Europeans, the specter of a world without international law, where genocide occurs in the open, while the criminals prance throughout Europe as free people was intolerable. Indeed, even in the U.S., 19 Senators had the courage to demand that their government cease providing the weapons Israel is currently using to commit acts of genocide. Polls show that a majority of Jewish Americans also believe the U.S. should restrict arms sales to Israel and make these sales conditional on Israel ceasing to use them for genocide and cease blocking humanitarian assistance.
The fight to bring accountability and restraint to Israeli actions is therefore no longer a fight for justice for Palestinians but a fight for international law and order, and for humanity itself. We all need a better world where there is accountability and where the powerful cannot just ignore the rights of the weak, using brute strength to promote their interests and destroy their enemies. The fact that Israelis do little to hide their intentions, but openly proclaim them, places the onus directly on all of us. The role of the United States, which once was the champion of international law, democracy and human rights worldwide, is now pivotal as it has become the last remaining bulwark preventing accountability and restraint in world affairs.
Regardless of who is in the White House or the Congress, people of goodwill in the United States must face their responsibility and do what they can to bring the United States, and Israel, in line with what the rest of humanity wants and needs: proper respect for international law and accountability for international war criminals.
December 10th Day of Action
Bring Preach Palestine to the streets on December 10th, International Human Rights Day. Use our online resources to help plan an action such as a vigil in front of your city hall, representative's office, or other significant local space.
Check out our Public Witness Prayer Kit with Christians 4 Ceasefire and the FOSNA Preach Palestine database.