Return to Uzone News Portal
Uzone.id – Each time a significant conflict –or worse, war– erupts between Israel and Hamas, the consequences are devastating. Lives are lost, homes are destroyed, and vital infrastructure like schools and office buildings is heavily damaged or rendered unusable. Hamas is an armed group and a Palestinian political movement based in Gaza, and their confrontations with Israel have led to severe humanitarian crises.
The most recent major conflict took place in May 2021, lasting for 11 days before a ceasefire was brokered. This conflict resulted in significant casualties and widespread destruction in Gaza, exacerbating already dire living conditions marked by high poverty and unemployment rates.
According to reports, the fighting resulted in the deaths of over 250 people in Gaza, many of whom were civilians, and thousands more were displaced from their homes. As a consequence, tens of thousands of Gazans have been forced to seek shelter in areas deemed safe, highlighting the ongoing humanitarian challenges they face in the aftermath of such violence.
Until now, the conflict between Palestine and Gaza has not ended. Every day, the number of victims continues to grow. It is estimated that around 70% of the victims who have fallen are women and children.
Israel has also been criticized as a perpetrator of genocide. In January 2024, the International Court of Justice (ICJ) held a trial for alleged crimes against humanity committed by Israel.
The beginning of the establishment of the Palestinian and Israeli states
The Palestinian region was under British rule during decolonization after World War II. Based on the British Mandate for Palestine 1920-1948, Palestine had the right to determine its destiny, including independence from Britain.
However, Britain failed to mediate the conflict between the Arab and Jewish communities in Palestine, thus handing over the issue of the future of Palestine to the UN.
The UN General Assembly took over the dispute. It issued UN General Assembly Resolution Number A/RES/181(II) and the Partition Plan (November 29, 1947) (UN General Assembly Resolution 181), which resulted in rejection from the Arab community and Arab countries.
Not long after, in 1948, the Jewish community proclaimed the establishment of the state of Israel. UN General Assembly Resolution 181 also determined the territory and borders of Israel.
However, attacks by Israel on neighboring countries succeeded in making Israel control de facto 60% of the territory initially designated for Palestine.
Israel’s violation of international law against Palestine
After World War II, there were legal norms that needed to be obeyed, namely the norms of self-determination, uti possidetis juris, and non-use of force.
These norms were implemented through various UN resolutions and international agreements, including the Oslo Accords 1993. Based on this agreement, Israel must recognize Palestine’s authority over the Gaza and West Bank regions.
However, Israel has begun to violate international law since they first established the country. They have controlled and attacked areas that were initially designated for Palestine.
As for the violations committed by Israel against Palestine, source by hukumonline.com:
- The ICJ decision in the Advisory Opinion on Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004) stated that Israel had violated the right to self-determination of Palestine.
- UN General Assembly Resolution A/RES/67/19 (2012) affirmed the right to self-determination about the Palestinian territories occupied since 1967.
- Pre-Trial Chamber I of the International Criminal Court (ICC) in Situation In The State Of Palestine (2021) refers to the Gaza Strip, the West Bank, and East Jerusalem as the Palestinian territories occupied by Israel since 1967.
International law solutions to mediate the Israeli-Palestinian conflict
Israeli attacks on Palestine are getting worse every year. The world condemns them for committing genocide against the Palestinian people. So, what is the solution of international law to mediate this conflict?
It should be noted that international law does not have a law enforcement institution. Therefore, enforcement of law violations will be handed over to countries through the UN.
In response to this conflict, countries can respond through persistent rejection or recognition. Where currently, the response of other countries sees the Israeli-Palestinian conflict as more directed at the persistent rejection of Israel’s actions.
This means that it is clear that Israel has violated international law for its actions against Palestine. However, the resolution of this conflict will only be complete if other countries recognize whatever the solution is based on what has been agreed upon by the two countries in conflict.
Indonesia, along with other countries, has pushed for the recognition of Palestine as a country and supports the UN initiative to revive the Palestinian-Israeli peace negotiations based on a two-state solution. (Aisyah)
