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:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

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

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

February 2015

The War of the World

= Subscribers only.
Sign in here.
Subscribe here.

The Sharp Edge of Life

= Subscribers only.
Sign in here.
Subscribe here.

The Great Republican Land Heist

= Subscribers only.
Sign in here.
Subscribe here.

Captive Market

= Subscribers only.
Sign in here.
Subscribe here.

The Day of the Sea

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Great Republican Land Heist·

= Subscribers only.
Sign in here.
Subscribe here.

“The wholesale transfer of public lands to state control may never be achieved. But the goal might be more subtle: to attack the value of public lands.”
Photograph by Chad Ress
Article
The Sharp Edge of Life·

= Subscribers only.
Sign in here.
Subscribe here.

“The struggle of the novelist has been to establish a measure, a view of human nature, and usually, though not always, as large a view as belief and imagination can wring from observable facts.”
Photo by Eddie Adams/Associated Press
Article
Captive Market·

= Subscribers only.
Sign in here.
Subscribe here.

"Fear of random violence lives on, but the reality is that violent-crime rates have dropped to levels not seen since the early Seventies."
Photograph by Richard Ross
Article
The Day of the Sea·

= Subscribers only.
Sign in here.
Subscribe here.

“Fifteen judges will then sit together in a wood-paneled room, in a city thousands of miles from the Andes, and decide whether the ocean Bolivia claims as its right will at last be returned to it.”
Photo by Fabio Cuttica/Contrasto/Redux
Post
Introducing the February Issue·

= Subscribers only.
Sign in here.
Subscribe here.

The Ruin of the West
Christopher Ketcham investigates Cliven Bundy’s years-long battle with the BLM, Annie Murphy reflects on Bolivia’s lost coast, and more
Painting by Richard Prince, whose work was on view in October at Gagosian Gallery in New York City © The artist. Courtesy Gagosian Gallery

Percentage increase in the annual number of polio cases in Pakistan since 2005:

857

A bowl of 4,000-year-old noodles was found in northwestern China; and a spokesman for the Chinese Academy of Sciences said that “this is the earliest empirical evidence of noodles ever found.”

A federal judge sentenced the journalist Barrett Brown to 63 months in prison for sharing a link to information stolen from the private-intelligence firm Stratfor by a hacker in 2011. “Good news!” Brown said in a statement. “They’re now going to send me to investigate the prison-industrial complex.”

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