The Humanitarian crisis in Middle East and the dilemma of the prevailing Rights
Since the beginning of July, the world is moved because of the violence in Gaza strip, a tiny territory where one million two hundred people live and according visitors, the beaches are beautiful and the Mediterranean views overwhelming.
The political tension and conflict between Arabs and Jews in Palestine come form immemorial times but to the sovereign conflict in the strip we have to add the fanatism of HAMAS and Israel.
The war have rules (its always had) and they are gather in the Geneva Convention of 1949 and their additional protocols, it is what we call International Humanitarian Law (IHL), the objective is to protect persons who are not or no longer participating in hostilities, and by restrict and regulate the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering.
The more important IHL rules focuses on civilian population are:
Principle of distinction (The principle of distinction protects civilian persons and civilian objects from the effects of military operations)
Necessity and proportionality (Attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated)
Principle of humane treatment and principle of non-discrimination.
Israel were subject of many calls from Security Council, Human Rights Council, United Nations Secretary General, Pope Francis and the community as a whole for the disproportionate use of force, not protect civilians and for the human suffering they are causing. This means that Israel is violating IHL.
HAMAS Group is also being condemned for the indiscriminate rockers launching, not observe ceasefire and use civilians as human shields, violating humanitarian law and human Rights.
Ceasefire is not enough and they are not being observe, bombing restart and there’s no safe place, private or public, schools, mosques, markets… The conflict cause the death of more than 1600 people and thousands of injured, more than 10 % of the strip population and we should include thousands and thousands of displaces, a real humanitarian crisis.
Hamas is condemn, not the Palestine cause, Israel is condemn for the disproportionate use of force, not for their territory defense.
From a legal point of view, we found ourselves with a dilemma, which right violate to end the conflict? It is necessary to violate any? Which one the world accepts if the solution arrives? If this is the strategy, how many dead people are acceptable? For how many time? It is not clear which one is neither the solution, nor who has the credibility to mediate but it is necessary NOW to find a solution to this deathtrap to end the unacceptable harm that the conflict is causing.