No Comment — September 17, 2009, 3:18 pm

Justice in Gaza

Although coverage of the Gaza War of December 2008-January 2009 was dominated by spin at the time, the conclusion that serious violations of the laws of war occurred can no longer be avoided. That follows from the sober and professional report issued a few days ago by the United Nations Fact-Finding Mission on the Gaza Conflict. Its key conclusions are simple: Palestinian forces targeted Israeli civilian populations with rocket attacks. Israeli forces launched a mission that was overtly punitive in nature and clearly also targeted civilians. Most of the commentary of the Beltway punditry has tended to defend Israel, suggesting that Palestinian violations justified Israeli violations, whereas in much of the Middle East the mirror image was seen, in which Israeli persecution justified Palestinian acts of violence. But this construction fuels the descent into ever greater brutality that the laws of war aim to avoid. Lost in the clash is the overarching principle that war should be fought between combatant forces while civilians are protected. To a large extent, then, the controversy surrounding the laws of war in Gaza is about the right of combatant forces in the future to commit serious crimes against civilians and get away with it. It is clear that both sides championed just such a right.

Richard Goldstone, the South African jurist and former chief prosecutor for the war crimes tribunals in Rwanda and the former Yugoslavia, who headed a recent review of the problem for the United Nations, speaks very effectively to this problem in today’s New York Times:

Pursuing justice in this case is essential because no state or armed group should be above the law. Western governments in particular face a challenge because they have pushed for accountability in places like Darfur, but now must do the same with Israel, an ally and a democratic state. Failing to pursue justice for serious violations during the fighting will have a deeply corrosive effect on international justice, and reveal an unacceptable hypocrisy. As a service to the hundreds of civilians who needlessly died and for the equal application of international justice, the perpetrators of serious violations must be held to account.

It is simply not a case of one side being more wrong, nor is it a case of punishing states or governmental authorities. There were serious violations on both sides, and vindication of the principles of the laws of war calls for criminal accountability for the key actors on both sides who enabled the violations. Extending the politicization of the conflict into the question of accountability for war crimes ultimately undermines the laws of war. And that may in the end be the gravest security threat that the Gaza War presents—a threat that affects the entire world.

Share
Single Page

More from Scott Horton:

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

No Comment March 28, 2014, 12:32 pm

Scott Horton Debates John Rizzo on Democracy Now!

On CIA secrecy, torture, and war-making powers

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

August 2014

The End of Retirement

= Subscribers only.
Sign in here.
Subscribe here.

The Octopus and Its Grandchildren

= Subscribers only.
Sign in here.
Subscribe here.

Francis and the Nuns

= Subscribers only.
Sign in here.
Subscribe here.

Return of the Strongman

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
“From the nerd squabbles of Internet discussion threads rose an urban legend that culminated in a film that hinges on digging through my town’s trash.”
Illustration (detail) by Timothy Taranto
Article
Return of the Strongman·

= Subscribers only.
Sign in here.
Subscribe here.

“If Tunisia is where the Arab Spring began, Egypt seems poised to become its burial ground.”
Photograph (detail) © Ahmed Ismail / Getty Images
Article
The Seductive Catastrophe·

= Subscribers only.
Sign in here.
Subscribe here.

“The world’s leaders were moved by a populace fused into a forward phalanx, were shaken by a tidal wave of militancy jubilantly united.”
Photograph courtesy Mary Evans Picture Library
Article
Me, Myself, and Id·

= Subscribers only.
Sign in here.
Subscribe here.

“The one defining trait of the narcissist is that it’s always someone else.
Painting (detail) by Gianni Dagli Orti
Post
The Many Faces of Boko·

= Subscribers only.
Sign in here.
Subscribe here.

“People want education. Open a school and they will rush.”
Photograph © The author

Average number of sitcom laughs an American hears during a prime-time season:

12,000

Czech and German deer still do not cross the Iron Curtain.

British economists correlated the happiness of a country’s population with its genetic resemblance to Danes.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today