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

 

Hamas’s Hostage Diplomacy

Ron Ben-Yishai explains Hamas’s current calculations:

Strategically speaking, Hamas is hoping to add more and more days to the pause currently in effect, setting a new reality in stone, one which will convince the United States to get Israel to end the war. At the same time, they still have most of the hostages hidden in every underground crevice they could find, and hope to exchange those with as many Hamas and Islamic Jihad prisoners currently in Israeli prisons, planning on “revitalizing” their terrorist inclinations to even the odds against the seemingly unstoppable Israeli war machine.

Chances are that if pressured to do so by Qatar and Egypt, they will release men over 60 with the same “three-for-one” deal they’ve had in place so far, but when Israeli soldiers are all they have left to exchange, they are unlikely to extend the arrangement, instead insisting that for every IDF soldier released, thousands of their people would be set free.

In one of his last speeches prior to October 7, the Gaza-based Hamas chief Yahya Sinwar said, “remember the number one, one, one, one.” While he did not elaborate, it is believed he meant he wants 1,111 Hamas terrorists held in Israel released for every Israeli soldier, and those words came out of his mouth before he could even believe he would be able to abduct Israelis in the hundreds. This added leverage is likely to get him to aim for the release for all prisoners from Israeli facilities, not just some or even most.

Read more at Ynet

More about: Gaza War 2023, Hamas, Israeli Security