Unjust Collective Punishment in Occupied Palestine: Violations of International Humanitarian Law

The recent actions taken by Israeli authorities, led by Prime Minister Benjamin Netanyahu, in punishing the entire Palestinian population following an isolated attack on October 8th, 2023, raise profound concerns within the framework of international humanitarian law. Examining these actions through the lens of the Geneva Conventions reveals critical violations:

I. Grave Breaches and Individual Accountability

Articles 49, 50, 129, and 146 of the Geneva Conventions (I-IV) underscore the obligation of High Contracting Parties to enact legislation providing effective penal sanctions for those committing grave breaches. Moreover, these articles mandate the search for and prosecution of individuals alleged to have committed such breaches, regardless of nationality, emphasizing accountability before the competent legal authorities.

II. Prohibition of Collective Punishment

Article 85(1) of the 1977 Additional Protocol I reinforces the prohibition against collective punishment, explicitly referencing the principles set forth in Articles 49, 50, 129, and 146 of the 1949 Geneva Conventions. This underlines the global consensus against punishing entire populations for the actions of a few.

III. Crimes Against United Nations Personnel

The Convention on the Safety of United Nations Personnel, as articulated in Article 10, emphasizes the necessity for states to establish jurisdiction over crimes against UN personnel. This provision reinforces the principle that jurisdiction should be exercised through established legal processes rather than arbitrary collective measures.

IV. Forced Disappearance and Individual Accountability

Article IV of the Inter-American Convention on the Forced Disappearance of Persons establishes that acts constituting forced disappearance shall be considered offenses in every State Party. This underscores the importance of individual accountability and the obligation of states to take measures to establish jurisdiction over such cases within their territory.

Urgent Need for International Intervention

The utilization of collective punishment, as witnessed in occupied Palestine, not only infringes upon the principles of the Geneva Conventions but also challenges established international legal norms. Urgent international intervention is necessary to address these violations, emphasizing the importance of individual accountability and adherence to international humanitarian law. The ongoing loss of innocent lives underscores the pressing need for a just and lasting resolution to the conflict, with a focus on upholding human rights and preventing the recurrence of such egregious violations.