Experts briefing the House of Representatives on the humanitarian law of war do not have a clear understanding of Israel’s actions in Gaza. This was made clear today in a meeting with the House Foreign Affairs Committee.
During the hearing, international media reported that UN experts believed Israel had committed violations that amounted to genocide. That’s not what the hearing is about. Speakers with military and legal expertise see the great suffering of people in Gaza. However, according to him, it is not easy to evaluate the events within the framework of international law.
“We must be careful in drawing conclusions about possible violations of international law,” says Knoops, the International Criminal Court (ICC) lawyer. “Restraint is necessary unless we know all the military and operational facts and considerations.”
Professor of international law Nollkaemper (University of Amsterdam) also believes lawyers need to be careful, but has seen several reports in recent weeks that he says show Israel’s military power is “not proportionate.” He calls for a ceasefire.
The majority in parliament and the outgoing cabinet are not in favor: Israel can no longer take armed action against Hamas, even to free hostages or prevent attacks. This in no way means “carte blanche” for Israel, Prime Minister Rutte said in a debate late last month. The Netherlands has so far been pushing for humanitarian stopovers and opening corridors for aid supplies.
parliamentary debate
D66, GroenLinks-PvdA, SP, PvdD, Denk, Volt and Bij1 believe this is not enough and believe that Israel uses disproportionate force in its ongoing attacks on Gaza. They are seeking an explanation for a memo from the Dutch defense attache in Tel Aviv, leaked to the NRC, stating that the Israeli military used “disproportionate force” and deliberately attacked civilian infrastructure.
Outgoing Defense Minister Ollongren called the newspaper article an “unfair portrayal” and did not rule out “selective quoting.” Following the elections, the former House of Representatives and the outgoing Cabinet are expected to discuss the situation next week.
Martial law
Before this debate, experts will speak in the Parliament today. Some cite the complexity of a densely populated region where it is difficult to distinguish between civilian and military targets. Opinions differ on whether Israel can be considered an occupying power.
Fink, a military law teacher at the Dutch Defense Academy, and military lawyer Ducheine say that an assessment of disproportionate force cannot be made merely by looking at the damage in retrospect, as is often the case in public opinion. According to them, the information available to the commander before the attack should also be taken into account. “We no longer know what decisions were made and on what basis, we only see their terrible consequences.”
Experts say that whether the attack on the hospital violated the law of war should be evaluated on a case-by-case basis. Fink, as well as Belgian war professor De Cock, point out that hospitals could temporarily lose their protection during martial law. It is always a human obligation to bring goods and resources to the site as quickly as possible.
According to international criminal law lecturer Marieke de Hoon (University of Amsterdam), it is currently difficult to determine whether Israel is committing a war crime by blocking food, water, electricity and fuel routes, but “it appears so.” The investigation is still ongoing, but “if there are signs of a total blockade, this could amount to a violation of the laws of war.”
Comments
In hindsight, this remains a complex issue that is difficult for MPs. “It was very useful,” says CDA MP Boswijk, “but it’s even more complicated than I thought.” Deputy Van Haga concludes that under martial law, “it is very difficult to determine when violence is necessary and proportionate.”
D66 Deputy Sjoerdsma interprets the meeting as experts’ recognition that “the cabinet cannot remain silent” and the need for a quick ceasefire. Equal Member of Parliament Van Baarle also supports this; He is also calling for a parliamentary investigation into the Dutch cabinet’s conduct.
For PvdA MP Piri, “it was very uncomfortable to talk for three hours with international law experts about the humanitarian disaster in Gaza,” adding that “there has been no political discussion with the government about the need for an immediate ceasefire for weeks.”
So this discussion will take place next week. It is not yet clear whether there will be a majority in favor of an immediate ceasefire.
Source: NOS
Emma Fitzgerald is an accomplished political journalist and author at The Nation View. With a background in political science and international relations, she has a deep understanding of the political landscape and the forces that shape it.
