The United
Nations (UN) Secretary-General is supposed to promote UN ideals (UN Homepage,
“The role of the Secretary General”). Those ideals focus on the dignity and
worth of the human person--and on international peace and security (UN Charter,
Preamble). To promote these ideals, the UN Charter empowers the
Secretary-General to bring to the Security Council any matter which in his
opinion may threaten international peace and security (“The role of the
Secretary-General, ibid).
This is why
UN Secretary-General Ban-Ki Moon is concerned about the current Gaza-Israel
war. It threatens international peace and security, and it has resulted in
humanitarian violations.
The UN
Secretary-General is supposed to uphold the values and moral authority of the
United Nations (ibid). Part of those UN values includes establishing rules of
war so as to protect civilians during times of conflict. Part of his moral
authority includes enforcing humanitarian law to make certain that those who
violate non-combatant humanitarian rights are punished (Betrand Ramcharan, “The
United Nations High Commissioner for Human Rights and International
Humanitarian Law; Program on Humanitarian Policy and Conflict Research”, Occasional
paper series, Harvard University, Spring 2005, Number 3).
However, in
the current Gaza-Israel war, the UN Secretary-General abandons his values. He stains
his moral authority. He overturns well-established International Code in order
to demonize Israel and elevate the moral status of a war criminal (Hamas).
There is no
excuse for such a perversion of justice.
The Fourth
Geneva Convention is, essentially, the foundation for International
Humanitarian Code that affects conflict. It is clear: in any conflict,
civilians are to be protected. This is an absolute: there are no exceptions. Violate
this rule and you become liable.
In fact, the
reason the Fourth Geneva Convention was created in the first place (after World
War Two) was to address an issue which previous Geneva Conventions had not
adequately addressed: protecting civilians (“Convention (IV) relative to the
Protection of Civilian Persons in Time of War. Geneva, 12 August 1949”, Treaties
and states parties to such treaties, ICRC, the ICRC Homepage).
From the
Convention and its supplements, two points that affect the Gaza-Israel war are
very clear. First, civilians are to be protected during a conflict. Second—and far
more important--when the Party which controls those civilians violates the
rights of those civilians, it is held responsible for death and injury
to those civilians—not someone else.
In the
Gaza-Israel war, the UN should hold Hamas responsible for deaths and injuries
to its civilian population because Hamas violates that population’s
Humanitarian rights. But the UN Secretary-General won’t do that. Instead, he ignores
International Code. He slams Israel for those deaths.
That is a
perversion of International law. It is a perversion of the moral authority of
the UN.
Civilians in
Gaza die. Hamas controls those civilians. As the Party in this conflict which
controls Gazan civilians, Hamas has certain legal obligations. First, it must
protect all civilians, including its own. This means that it cannot engage in
combat from its own civilian neighbourhoods. It cannot fire rockets into
Israel’s civilian neighbourhoods.
Hamas
violates these prohibitions. It fails to respect the dignity and worth of
humans. Consequently, it commits humanitarian rights violations. It commits war
crimes. It is responsible for the consequences of its actions.
Hamas also
uses its own population as human shields. This, too, is a war crime. This crime
has been amply documented. The proof of Hamas’ use of its own civilians as
human shields comes directly from Hamas. Hamas officials have praised its use
of human shields in an interview on its Al Aqsa TV, in printed Hamas
statements, and in statements made to reporters by Hamas officials.
Hamas should
be condemned for these humanitarian violations. It is not. Israel is
condemned—for Hamas’s violations. That is, Israel has been viciously condemned
for deaths and injuries to Gazan civilians that have resulted from Hamas’ using
those civilians as human shields.
But when
human shields die, International Code does not blame the bombs that killed them.
International Code is very clear on this point. It holds responsible the Party
in the conflict that controls those human shields. That Party is Hamas.
Nevertheless,
the UN has blamed Israel’s bombs for those deaths and injuries. It has not blamed
Hamas. It has not condemned Hamas ‘in the strongest terms’. It condemns Israel.
It blames Israel for Hamas’ crimes.
Condemning Israel
for Gazan civilian deaths caused by Hamas rights violations is a perversion of
justice. When International law mandates that the Party responsible for using
human shields is not the Party attacking military targets (Israel), the UN
should defend Israel’s right to defend itself. When International law mandates
that the Party responsible for the death of human shields is the Party that
controls those ‘shields’ (Hamas), the UN should condemn Hamas.
The UN does
not do that.
The UN Secretary-General demeans his moral
authority by leading the charge against Israel. He perverts Humanitarian law to
demonize Israel.
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