The Centre for the Enforcement of Human Rights International (CEHRI) expresses its deep concern and disappointment at Austria’s decision to vote against the resolutions adopted by the United Nations General Assembly (UNGA) on October 26 and December 13 2023 titled “Protection of civilians and upholding legal and humanitarian obligations” (documents A/ES-10/L.25 and A/ES-10/L.27). The latter resolution called for an immediate humanitarian ceasefire in Gaza, reiterating its insistence that parties to the conflict there comply with international law, all hostages be released immediately and without conditions, and humanitarian access be ensured.
Further, CEHRI recalls Austria’s obligation under international law, derived from Common Article 1 of the Geneva Conventions, to insist on the compliance with international humanitarian law by all parties to the conflict.
In the last ten weeks, the latest escalation of hostilities between Israel and Hamas, along with other Palestinian armed groups, has left thousands of civilians dead and countless lives shattered. While the classification of the hostilities between Israel and Hamas and other armed groups is subject to controversy (for an overview of the legal framework, see RULAC) there is no doubt as to the fact that all parties to the ongoing conflict must comply with the fundamental principles of the laws and customs of war, namely humane treatment, distinction, proportionality, precaution and military necessity.
These principles, as ICC Prosecutor Karim Khan noted in his remarks at the opening of the 22nd Session of the Assembly of States Parties, are not mere ‘abstract constructs’ but rather ‘solid hard law’ which ‘cannot be interpreted in a way that denudes them from any legal effect, that eviscerates from them their core meaning’.
CEHRI is utterly devastated by the deliberate killing of Israeli civilians and the taking of hostages by Hamas, and other armed groups 7 October 2023. We denounce these acts, while recalling that the horrific nature of these acts does not however justify the limitless destruction of the Gaza Strip. The rules of IHL are non-reciprocal: they apply regardless of what the other party has done. CEHRI is deeply concerned about the Israeli Defense Forces’ (IDF) massive retaliatory attack, which has become increasingly destructive and lethal.
The heavy bombardments in the densely populated areas in the Gaza Strip, including schools, hospitals, mosques and other protected objects and reports of use of white phosphorus, have killed to this date more than 18’000 civilians, most of them children and women, and caused outstanding damage to vital civilian infrastructure. The health-care system in Gaza is collapsing, as 14 hospitals out of 36 facilities are even partially functional. The issuing of evacuation orders for vast areas of northern Gaza has also led to the internal displacement of 80% of the population. Moreover, the Israeli Defense Ministry’s directive to block the entry of food, water, medicine, fuel, and electricity, has resulted in a catastrophic humanitarian crisis.
CEHRI emphasizes that Israel has an obligation under IHL to allow humanitarian aid into Gaza. During armed conflicts, when civilians are struggling to survive with available resources, the parties to the conflict must facilitate the rapid and unimpeded passage of humanitarian aid, i.e. food and medical supplies, even when the aid is intended for civilians on the opposing side (see B’Tselem). Impediment of humanitarian relief is a violation of IHL and may constitute a war crime within the ICC’s jurisdiction as well as a crime against humanity.
In relation to the alarming escalation of attacks against Palestinians in the West Bank by armed settlers, we recall that, Israel as an occupying power has fundamental legal obligations to repress, prevent and punish those alleged crimes.
Several UN officials, including the UN Human Rights Chief, Volker Türk, expressed alarm over discernibly inciteful and dehumanising rhetoric used by senior Israeli government officials and public figures, emphasizing that “the international community has an obligation to prevent atrocity crimes, including genocide, and should immediately consider all diplomatic, political and economic measures to that end.”
In a rare and drastic move, the UN Secretary General, Antonio Guterres, has also invoked Article 99 of the UN Charter that allows to bring to the attention of the Security Council any matter that may threaten the maintenance of international peace and security. In his letter dated 6 December, Guterres warned that “the situation is fast deteriorating into a catastrophe with potentially irreversible implications for Palestinians as a whole and for peace and security in the region.”
During his visits to the Rafah crossing – at the gateway to Gaza – and to Israel and Palestine, ICC Prosecutor Karim Khan stressed that all the alleged crimes committed during the Hamas attacks on 7 October, the IDF’s military operations in Gaza as well as the attacks perpetrated by Israeli settlers in the West Bank fall within the scope of the ICC’s ongoing investigation, which began in 2021.The situation under investigation encompasses crimes committed since 13 June 2014 on the territory of Palestine, extending “to the territories occupied by Israel since 1967, namely Gaza, the West Bank, including East Jerusalem” (see ICC-01/18 ) as well as crimes committed by Palestinian nationals.
In light of the ongoing crisis and its international obligations, Austria must reassess its position and align with efforts promoting peace, accountability, and the safeguarding of fundamental rights for all individuals impacted by this conflict.
CEHRI urges the Austrian government to reverse its current policy and to co support the vast majority of UN member states in their appeal to the parties of the conflict for an immediate humanitarian ceasefire and the compliance with international law, the immediate release of all hostages without conditions, and the assurance of humanitarian access.