ISSRAELI-PALESTINIAN CONFLICT THROUGH THE LENS OF HUMAN RIGHTS

INTRODUCTION

The world is currently divided over the Israel-Palestine conflict. On October 7, 2023, Hamas, an
organization, attacked Israel with 5,000 rockets, using various means like trucks, motorcycles,
bulldozers, and even paragliders. The attack led to significant casualties, resulting in the deaths
of approximately 700 Israelis, with many others killed and injured. In response, the Israeli
government declared a state of emergency and formally acknowledged the situation as a state of
war. Understanding the roots of the conflict requires delving into the history of the region.

BACKGROUND OF THE ISSUE

Jerusalem, a city in the Middle East, holds significance for Islam, Christianity, and Judaism. The
conflict traces back to events like Hitler's treatment of Jews and the establishment of Israel in
1948. The United Nations partitioned the land into two, leading to the first Arab-Israeli War in
1948. Over the years, conflicts continued, with Israel capturing territories, including the Gaza
Strip and West Bank. Efforts for peace in 1993 led to the recognition of Palestine as a country,
but issues persisted also known as Oslo accord.

The PLO (Palestine Liberation Organization) aims for an independent Palestinian state and has
engaged in both armed conflict and diplomacy. It officially recognized Israel in 1993. HAMAS
(Harakat al-Muqawama al-Islamiyya) was formed in 1987, seeks to destroy Israel, rejects peace
negotiations, and is considered a terrorist organization. The two groups represent different
approaches and perspectives in the Israel-Palestine conflict and control different territories, with
the PLO in the West Bank and HAMAS in the Gaza Strip.

In 2006, Hamas defeated the PLO in elections, leading to internal conflicts. On October 7, 2023,
Hamas militants attacked nearby Israeli communities from Gaza, causing the death of around
1,400 people, mostly civilians, and taking about 240 hostages back to Gaza. In response, Israel
imposed a siege on Gaza, home to 2.3 million people, and conducted a significant bombing
campaign, destroying entire neighborhoods. Israeli ground forces later entered Gaza with the
stated goal of eliminating Hamas, and air strikes continued. The situation escalated into a full-
scale war, with casualties and destruction on both sides.

CURRENT LAWS:

1. Geneva Convention prohibits against war crimes including: attack on civilian or civilian
objects, torture and inhumane treatment, taking hostages, using prohibited weapons,
forced displacement, sexual violence, etc.
 2. Common Article 3 of the 1949 Geneva Conventions: This article mandates humane
treatment of civilians and noncombatants.
3. Article 27 of the Fourth Geneva Convention says people in conflict, like Palestinians,
should be treated well, but in the Israeli-Palestinian conflict, this rule is often ignored.
Palestinians face daily mistreatment. The many barriers and checkpoints in the West
Bank show a lack of care for the required humane treatment, indicating a systematic
failure to follow international law.
4. The Fourth Geneva Convention says you can't move civilians into occupied areas or
make permanent changes unless it's for military reasons or local benefit. In the Israeli-
Palestinian conflict, this rule was broken by creating settlements in the West Bank,
displacing Palestinians and changing the area. Government-backed policies supporting
these settlements go against the rules, undermining the rights of the local people and
breaking international humanitarian law.
5. Article 32 of the Fourth Geneva Convention says you can't cause physical suffering to
protected persons. In the Israeli-Palestinian conflict, this rule is broken through routine
torture and mistreatment of Palestinian detainees, violating the prohibition on physical
suffering.
6. Article 51 of the Geneva Conventions’ Protocol I: It safeguards civilian populations from
attack.q
7. Articles 7 and 8 of the Rome Statute of the International Criminal Court (ICC): These
provisions address war crimes and crimes against humanity. They apply to both Hamas
leaders and fighters.
8. Article 2(4) of the UN Charter: This article prohibits the use of force or threat of force in
international relations.
9. Article 51 of the UN Charter: It outlines the inherent right of self-defense, but it must be
exercised in accordance with international law.

SOME LOOPHOLES IN LAWS:

 Nationality and Human Rights:

The 1948 Universal Declaration of Human Rights by the United Nations says everyone should
have a nationality. However, there are conditions, like not losing it randomly or being stopped
from changing it (Article 15). The Declaration allows a country to take away nationality in
certain situations, even if it leaves the person without any country. This raises questions about
whether having a nationality is an absolute right or if being without a country is just something
that happens.

 Resolution 242 and Palestinian Rights:

After Israel's occupations and the June war, the UN made Resolution 242, saying we shouldn't
take land through fighting and we should work for a fair and lasting peace. The resolution asked
for Israeli forces to leave recently occupied areas but only called Palestinians refugees, not
recognizing their national rights.

 UNICEF has an appeal to save the children of Gaza, but not the children of Israel.

CONCLUSION

I don’t know if I have a solution. But I do feel strongly that the magnitude of these operations,
the number of buildings destroyed and civilians killed, is not right. Israelis and Palestinians --
want the same piece of land. Both have legitimate, but different claims to the territory. For
historic, economic, political, and religious reasons, neither party believes it can negotiate away
its claims. The conflict will continue until either or both parties finally decide that some sort of
compromise is both necessary and achievable.

I acknowledge the present challenges faced by Palestine, yet it's crucial to recognize that one of
the most significant historical crimes occurred against the Jews, particularly evident in World
War 2. Even animals were mistreated during that time. Despite these hardships, the Jewish
community understood the fragility of those times and worked to enhance their resilience
through adapting to trends and utilizing advanced techniques. This struggle is essentially about
their survival.

This conflict isn't with all Palestinians but specifically with HAMAS, which is a terrorist group
supported by nations hostile to Israel. Palestinian are just a scapegoat. The Jewish people feel the
need to carry weapons for self-defense because not doing so could put them at risk.

Unfortunately, there's a significant level of hatred towards Jews in the hearts of some Arab
countries. These countries don't recognize Israel as a legitimate nation and often dehumanize
Jews. Example of this can be seen in -Pakistani passport explicitly states that it is valid in all
countries except Israel

NO WEOAPON =NO VOILENCE= NO JEWS