People inspect a damaged building after an Israeli raid on Rafah in the southern Gaza Strip
People inspect a damaged building after an Israeli raid on Rafah in southern Gaza Mohammed Talatene/dpa/ZUMA

-Analysis-

PARIS — Since the 19th century, the world has established a set of rules governing the conduct of war. This may seem paradoxical, since we tend to associate war with the principle that “might makes right” — but as early as 1864 and the Battle of Solferino, international humanitarian law began to emerge.

This diplomatic process culminated in the adoption of the Geneva Conventions on Aug. 12, 1949, followed by additional protocols in 1977. These rules apply to all, whether they are signatories to the treaties or not, whether they are states or non-state actors.

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Needless to say, these rules are widely disregarded in the two main conflicts of the moment, in Ukraine and Gaza. They are being trampled upon to varying degrees by all parties, without any international mobilization against such distressing regression. The world is in fact powerless in the face of violations of theoretically common minimum rules.

Among the imperative clauses is the respect for civilian populations and their means of survival, such as water, food, and medical supplies. Humanitarian organizations must be allowed to provide assistance in case of shortages. Hostage-taking and cruel, humiliating and degrading treatments are also prohibited.

Striking Ukrainian cities

But all the above is happening right now, both in Ukraine and Gaza. Since the beginning of the Russian invasion almost two years ago, Russia has deliberately targeted civilian populations, as seen in the Bucha massacres and the campaign of drone and missile strikes on major cities.

In recent days, a new line has been crossed, with a record number of strikes on urban centers: in Kharkhiv alone, 12 civilian buildings and a hotel were hit on Saturday.

A new line has been crossed.

What’s also new is that Ukraine is now being accused of having targeted a major urban center on Russian territory on Saturday: the city of Belgorod, near the Ukrainian border, killing 24 people and wounding 100. Kyiv has not denied this, which would make it the deadliest attack on Russian territory. It is still unclear whether this indicates a shift in Ukrainian strategy.

Ukrainian rescuers spray water on a supermarket destroyed as a result of a rocket hitting Odessa, Ukraine.
Aftermath of an airstrike on Odessa, Ukraine. – Svet Jacqueline/ZUMA

Gaza responsibilities

In Gaza, the Israeli response to the Hamas massacres on Israeli soil on Oct. 7 is officially aimed at eradicating the terrorist organization. In reality, however, Gazan civilians are the first victims: more than 21,000 were killed, mostly women and children, according to the Hamas-linked Ministry of Health. An estimated 1.8 million people have been displaced and, according to the UN, 70% of the homes in Gaza have been destroyed, with famine and disease on the rise.

This does not absolve Israel of its responsibilities.

Hamas committed war crimes on Oct. 7, by all international definitions. But, to quote UN Secretary-General Antonio Guterres, this does not absolve Israel of its responsibilities. “International humanitarian law cannot be applied selectively”, he said, drawing sharp criticism from Israel. And with South Africa now launching a procedure against Israel for “genocide” in front of the International Court of Justice, Israel finds itself on the defensive.

We are indeed witnessing a major step back, when all those involved in these conflicts consistently violate humanitarian law. It’s never good news when barbarism wins over decades-worth of efforts to contain it.

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