A Few Questions for the Geneva Conference

Signatories of the Fourth Geneva Convention, which concerns the protection of civilians in a war zone, have gathered ostensibly to discuss and clarify some of its finer legal points. This will be the third such meeting since the Convention was adopted in 1949 and, like the others, its real purpose is to condemn Israel. Eugene Kontorovich, an expert on international law, has a few questions of his own:

Article 49(6)’s prohibition of “deportation and transfer” into occupied territory could certainly do with elucidation. (The “deport or transfer” ban is commonly referred to as “settlement building.”) Indeed, an examination of movement into occupied territory in Georgia, Ukraine, Azerbaijan, Western Sahara, and Cyprus would be both timely and instructive. Needless to say, this is not what the state parties will be discussing. They are, sadly, not interested in the Geneva Conventions, but only their possible use against Israel. But if the state parties were to want an interesting agenda, here are some questions they might ask.

The first relates to the [International Committee of the Red Cross’s] own definition of occupation . . . The state parties apparently regard Israel as occupying Gaza, to say nothing of all of the West Bank, despite the removal of Israeli troops from those areas and the existence of an independent Palestinian administration there. However, occupation in all other contexts requires the occupying power to displace and actually function as the governing authority, conditions that do not apply in Gaza and large parts of the West Bank.

Read more at Washington Post

More about: Geneva Convention, International Law, Israel, Red Cross, Ukraine, West Bank

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden