The civilian death toll for the past three weeks alone in the Gaza Strip has risen over 1,500, hundreds of which are children.  This is a clear indication that the Israeli forces are not exercising restraint, but rather, are committing war crimes.

Article 51 of the UN Charter states clearly: “Nothing shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations.” Israel’s right to self-defense in occupied territory has been questioned by many international legal scholars, and dismissed by the International Court of Justice in its Advisory Opinion on the Wall, on the premise that Israel cannot invoke this right in territory it exercises complete control over.  However, because the American media has centered almost entirely around the claim that Israel is defending itself, we must assess Israel’s bombardments and their legality.

This conflict has not occurred in a vacuum, and as such, it is worth noting that the West Bank and Gaza Strip have been designated as occupied territory by the United Nations since 1967.  The first talking point by supporters of the offensive is generally mentioned as a retort to the word ‘occupation.’ They argue that Gaza is no longer occupied and that Israel has no duty towards the Palestinian population.

Gaza remains occupied under international law, because Israel maintains control over its borders, water sources, electricity, population registry and reserves the right to enter, shell, and bombard Gaza, which we have seen escalate to epic proportions over the past three weeks. Last week, Israel shelled Gaza’s sole power plant, and most Palestinians now have access to electricity for only two hours a day. According to the Palestinian Energy Authority, it could take months to repair the damage.  Israel’s complete control over the residents of Gaza confirms that it still maintains a duty as occupier to ensure the well-being and security of the Palestinian people.

Furthermore, as for the disengagement plan, when Israel withdrew its 8,000 settlers from the Gaza Strip in August 2005 and placed them in the West Bank it continued violating Article 49 of the Fourth Geneva Convention in Gaza, which prohibits the movement of its own population into occupied territory.

Under IHL, states are limited by two principles during a military conflict: distinction and proportionality. According to the ICJ’s Nuclear Weapons case, the principle of distinction is one of the “intransgressible principles of international customary law.” Article 52 of Additional Protocol I to the Geneva Conventions allows only the targeting of military personnel and military establishments, or in some exceptional cases, civilian establishments used for military purposes.

In violation of this article, Israel has bombed several mosques and churches, which are also protected by the Hague Convention for the Protection of Cultural Property in Times of War.  Moreover, it has destroyed the homes of at least 4,000 families (25,000 residents), and targeted a total of 747 residential buildings.

Military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

Common Article 3 of the Conventions severely qualifies that provision, and states clearly that persons taking no active part in the hostilities shall in all circumstances be treated humanely, even members of the armed forces who have laid down their weapons or are wounded. They are not legitimate targets.

Only persons that are “directly participating in the hostilities” may be targeted. If the IDF is unsure if potential targets are Hamas members or not, the rules mandate that these individuals must be treated as civilians.  This is not a suggestion, it is an unequivocal law. Thus, even members of Hamas may not be targeted, unless they are actively engaged in combat against Israel at that time.

Israeli officials reiterate that the IDF exercises the utmost care in avoiding civilian casualties. In the past three weeks, the IDF has targeted civilian neighborhoods, homes, schools, churches, entire apartment complexes, ambulances, UN buildings, places of refuge, electricity generators, water pipes and plants, and medical facilities, including Wafa Hospital in Gaza City, Al-Shifa hospital several times, and the Gaza Center for the Disabled. The list goes on.  On July 29, the bloodiest day for Gaza, over 128 Palestinians were killed, many of whom were children.

The recent Israeli attack on a UN school was carried out after the IDF received 17 warnings from the UNRWA requesting that they not target the school.  It resulted in 15 deaths and many injuries and international condemnation, in particular by Secretary General Ban Ki-Moon who was horrified at the attack on sleeping children.  These cases are all evidence that Israel does not exercise the utmost care in avoiding civilians, rather it targets them intentionally, without a care in the world.

The situation in Gaza was already dire due to a crippling economic blockade and prior Israeli bombardments, now it is almost unlivable.  1.8 million people have little or no access to water resources or electricity, 280,000 are internally displaced, and the civilian death toll is rising.  OCHA reported that between July 21 and July 23, one child in Gaza had been killed every hour. Now, the deaths of children are at 11 per day, according to UNICEF.  Police officers in Gaza, clear civilians under international law, have also been targeted by the IDF, including the home of the Chief of Police, which resulted in 15 casualties. In the past three weeks, six U.N. workers have died.

Israeli officials stress that when the IDF targets militant areas, it does so proportionally, and if civilians are caught in between the crossfires, this is unfortunate, but legitimate because it serves a military objective.  Under the principle of proportionality, as enumerated in Article 5 of the Additional Protocol I, any attack by bombardment or any other means that is intended to destroy a single or distinct military targets in a highly populated civilian area AND is expected to cause incidental loss of life is unlawful.

The Gaza Strip is one of the most densely populated places on Earth, with a total of 365 square kilometers.  A recent Washington Post article compared the size and population density of Gaza to Boston.  With 44% of Gaza off limits due to an Israeli declared “buffer zone,” and missiles raining down at all times of day, that doesn’t leave many places for civilians to hide safely.  Thus it is no surprise that the majority of those killed have been civilians.  In the one of the most horrific acts of violence, Israel attacked the city of Shujaiyah, with 120 one-ton bombs, killing over 100 Palestinians, including dozens of women and children.  Just last week, the IDF attacked a crowded marketplace in Shujaiyah, just after announcing a four hour truce, which resulted in the killing at least 17 and injuring of 160.