In what form is Israel allowed to respond to Hamas’ terrorist attack? The Islamists’ war crimes do not release Israel from its responsibility, emphasizes a US human rights expert.
According to a US human rights expert, Israel is obliged to minimize the number of civilian casualties as much as possible in the Gaza war. The basic rule is that there must be precautions to ensure that civilians are not unduly harmed, Professor Leonard Rubenstein of Johns Hopkins University in Baltimore told CNN.
There is no question that the Islamist Hamas has repeatedly committed war crimes, such as indiscriminate rocket fire against Israel, taking hostages, killing civilians or using civilians as human shields, the lawyer added. Nevertheless, it should be remembered: “The rules of war apply equally to everyone, regardless of whether it is an armed group, a non-state armed group or a legitimate state military.”
There are some basic principles. One of them is to only attack military objects. Neither should civilians be attacked or indiscriminate attacks be carried out in which an entire area is not targeted, but is bombed. Even if a civilian facility such as a hospital is used to fire or store weapons or for other military purposes, there is an obligation, even if it can be attacked, to minimize the damage to the civilians there.
Rubenstein: “That leads to barbarism”
Referring to the thousands of airstrikes, Rubenstein said: “However, the sheer number of airstrikes in such a short period of time in a densely populated area and the high death toll raise serious doubts as to whether Israel has fulfilled its obligations.” Hamas’ war crimes do not absolve Israel of its responsibility. “You cannot retaliate for one crime by committing another. That actually leads to barbarism,” he said. It then goes further and further downward in a spiral in which no rules remain.
We have to look at whether Israel is committing crimes. There are some signs that this is the case, such as the collective punishment of Gaza residents by cutting off water, fuel and electricity.
UN: Death toll in Gaza shocking
According to the UN Relief and Works Agency for Palestine Refugees (UNRWA), the number of people killed so far in the Gaza Strip is so shocking that one can no longer speak of collateral damage. According to the current situation report, UNRWA director Philippe Lazzarini also said: “I have just returned from the Gaza Strip. (…) It was heartbreaking. Above all, the people demanded a ceasefire. They want this tragedy to end. There was one of the saddest days in my humanitarian work.”
The delivery of humanitarian assistance remains extremely difficult due to fuel shortages, ongoing bombardments, destruction of infrastructure and disruptions to communications networks, it said. Across the Gaza Strip, 625,000 students no longer have access to education. Over 40 percent of educational institutions were damaged.
Source: Stern

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