Why Palestine should take Israel to court in the Hague
Israel has categorized military clashes with the Palestinians as “armed conflict short of war,” instead of the police actions of an occupying state — thus freeing the Israeli military to use F-16 fighter jets and other powerful weaponry against barely defended Palestinian populations in the West Bank and Gaza Strip.
It has designated individuals who fail to leave a targeted area after a warning as “voluntary human shields” who are therefore subject to lawful attack, despite the fact that warnings may not be effective and escape routes not clear to the victims.
And it has treated civilian employees of Hamas — including police officers, judges, clerks, journalists and others — as combatants because they allegedly support a “terrorist infrastructure.” Never mind that contemporary international law deems civilians “combatants” only when they actually take up arms.
All of these practices could expose Israeli political and military officials to prosecutions for war crimes. To be clear, the prosecutions would be for particular acts, not for general practices, but statements by Israeli officials explaining their policies could well provide evidence that the acts were intentional and not mere accidents of war.