New Delhi: As the Israel-Hamas war nears the eight-month mark, many firsts have taken place, primarily as the Israeli Prime Minister Benjamin Netanyahu called the bombing of a camp in the Gazan city of Rafah a “tragic mistake” by Israeli forces that will be investigated.
Meanwhile, the war has spurred three European countries — Ireland, Spain and Norway — to officially announce the recognition of a Palestinian state, a couple of weeks after the United Nations (UN) General Assembly backed a Palestinian bid for membership.
Also, in what could potentially be a new theatre, Iran-backed Houthis have begun launching attacks in the Mediterranean Sea, having already targeted commercial shipping in the Red Sea. Yemen’s Houthis have launched attacks in solidarity with Hamas. Last week, a senior Pentagon official had expressed the concern that the rebel group had enough advanced weaponry to expand fighting to the Mediterranean Sea.
Away from the battlefield, top international courts, such as the UN-linked International Court of Justice (ICJ) and the International Criminal Court (ICC) based in The Hague, Netherlands, are undertaking serious judicial inquiries into the war.
Three days before Monday’s strike on Rafah, the ICJ had ordered Israel to halt its military operations in Rafah as an emergency measure, which was part of a larger case brought by South Africa against Tel Aviv. The ICC, which mainly investigates individuals, will hear a case that calls for the arrest warrants of Netanyahu, his Defence Minister Yaov Gallant and three Hamas leaders — something the US and Israel have vehemently condemned.
Qatar, a key player in the mediation efforts between Israel and Hamas, condemned the strike on Rafah, saying it would “complicate” peace talks. Like Egypt and the US, Qatar is trying to broker a ceasefire, but last month, Doha appeared to be reassessing its role as PM Sheikh Mohammed bin Abdul Rahman Al Thani said that mediation efforts had been “abused” in favour of political interests.
Rafah bombing the latest flash point
The strike in Rafah, which set ablaze a tent for displaced people, has become the latest flash point in the war since Gaza’s hospitals became battlegrounds. Last year’s explosion in the parking lot at al-Ahli Arab Hospital on 17 October, which led to heavy casualties, and the Israeli raid of Gaza’s largest hospital, Al-Shifa, this March, had triggered outrage across the Arab world.
The cause of the former is yet to be ascertained, though rights groups say it could have been the result of a faulty rocket-type munition. With regard to the Al-Shifa attack, Israel has repeatedly claimed that Hamas uses public buildings and civilians as “human shields”.
Israeli forces had also notably dressed as doctors and patients to assassinate three wanted Palestinians at the Ibn Sina Hospital in the West Bank in January.
After the Rafah bombing this week, Netanyahu told Israel’s parliament: “Despite our utmost efforts not to harm innocent civilians, last night, there was a tragic mistake… We are investigating the incident, and will obtain a conclusion because this is our policy.” Hours before the strike, central Israel was targeted with an attack of missiles fired from Rafah.
The Israeli PM said Tuesday that he would continue the war in Gaza despite the “tragic mishap” in Rafah. Previously, Israel had probed an attack on World Central Kitchen aid workers in Gaza, which led to the dismissal of two officers.
However, countries like Germany, the UK and the US are facing mass public pressure with respect to weapons supply to Israel. Student protests aside, prominent political commentators like Turkish-American Cenk Kadir Uygur have hit out at the Biden government.
CNN has the video of women and children burned alive in Rafah. Israel called it a "tragic mistake,' because it's on video. What do you think the other bombs did? They all burn people alive. Israel has now slaughtered tens of thousands of women and children. And we paid for it!
— Cenk Uygur (@cenkuygur) May 27, 2024
Despite the US Congress green-lighting an additional funding of $14.1 billion to Israel, the Biden administration paused shipment of “high-payload munitions” last month. President Joe Biden, in an interview, had said that he would stop sending bombs and artillery shells if Tel Aviv launched an invasion of Rafah. Former US President Donald Trump, who will run against Biden in the upcoming presidential elections, had previously said that Israel was “losing the PR war” with its war in Gaza.
Meanwhile, German Foreign Minister Annalena Baerbock’s speech at Berlin’s Democracy Festival was disrupted by protesters, who accused the government of bias, and demanded an immediate halt on arms shipments to Israel.
Countries like Spain, Ireland, Norway have leaned the other way, and are ready to officially recognise a Palestinian state, despite drawing ire from Israel. Spain’s Prime Minister Pedro Sanchez said that this would help further peace talks and bring both parties on a level playing field.
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Judicial inquiries into ‘war crimes’
Last Friday, the ICJ — the highest court of the UN system — released a provisional order calling on Israel to stop its actions in Rafah, by 13 votes to two. The court said that it was not convinced that sufficient measures had been taken to protect civilians. This was part of the larger case brought to the court by South Africa, accusing Israel of a genocide.
Countries like Saudi Arabia, Belgium, Pakistan, Turkey, South Africa and few others welcomed the ruling against Israel, though India has remained mum. The ICJ’s ruling is binding on those countries, who have signed the Rome Statute, including Israel. However, it is not enforceable.
The Biden administration, as pointed out by a Washington Post report, has been “silent” amid global condemnation of the Rafah bombing, especially as it came after the ICJ ruling.
A White House National Security Council spokesperson told The Times of Israel that they have been “clear and consistent” on their position on Rafah”, while top Republican lawmakers like Lindsey Graham have said the top court can “go to hell”.
Separately, the ICC hearing a case calling for arrest warrants for Netanyahu, Gallant and three Hamas members, was flatly condemned by Washington. Biden said last Thursday that the ICC lacked jurisdiction in the case, even though he had welcomed its arrest warrant issued against Putin due to Russia’s actions in Ukraine last year.
However, Germany, despite being an ardent supporter of Israel in the Gaza war, said it would arrest the Israeli prime minister, if the ICC issued an arrest warrant against him.
European Union’s top diplomat Josep Borrell said in a statement Sunday said the cases before the ICC and the ICJ reflect the “deep, constant and mounting concerns” of the international community about the situation in Gaza.
(Edited by Mannat Chugh)
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