Introduction

Palestinian women in Gaza are subjected to overlapping forms of violence by Israel that converge into a single, coherent structure of domination. Starvation, sexual and gender-based violence, and reproductive violence do not occur as isolated abuses, but as an interlocking system enacted simultaneously and reinforcing one another. These practices operate across psychological, social, and biological dimensions of harm. While Palestinian women’s bodies are the immediate site of this violence, its intended target is Palestinian society as a whole. By systematically targeting women, Israel undermines collective survival, erodes social cohesion, and attacks the continuity of Palestinian life itself. Taken together, these practices constitute a gendered architecture of genocide that must be recognized and addressed as such.

The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) has documented these three crimes throughout Israel’s genocide in Gaza. Firsthand testimonies collected from the Gaza Strip and the occupied West Bank reveal the distinctly gendered impacts of these violations and their cumulative effects on Palestinian women.

I. Sexual and Gender-Based Violence

Sexual and gender-based violence is systematically instrumentalized by Israel as a means of humiliating and isolating Palestinian women while dismantling family and community bonds. These violations should not be understood as isolated or aberrational incidents, but rather as part of a broader historical pattern in which sexual violence has been deployed as a tool of terror and social control against the Palestinian population.

Historical records document that during the 1948 ethnic cleansing of historic Palestine, Zionist paramilitary forces including the Haganah engaged in acts of sexual violence alongside mass killings and expulsions of Palestinians. The Haganah later became the institutional foundation of the contemporary Israeli military. This historical continuity underscores how sexual violence has long functioned as a weapon of war, embedded within military practices aimed at terrorizing civilians and facilitating population displacement.

Testimonies collected by MIFTAH fieldworkers across the West Bank and Gaza Strip reveal recurring patterns. Arrests conducted in family homes routinely transform domestic spaces into sites of domination. Soldiers storm houses, often in the middle of the night, restrain family members, destroy personal belongings, steal valuables, and dictate all movement within the home. Male relatives are frequently forced to witness or participate in the abuse of female family members, a tactic designed to emasculate men and dismantle the household from within.

Sexual violence also functions as a form of psychological torture in Israeli detention and interrogation settings. Alongside sleep deprivation, starvation, and physical assault, sexual violence is deliberately employed to induce psychological breakdown and assert total control. Testimonies describe forced strip searches, removal of hijabs, invasive bodily touching, slut-shaming, and explicit threats of rape against detainees or their relatives . Testimonies collected by the Palestinian Center for Human Rights (PCHR) describe in detail the systematic use of secual torture in Israeil detention settings. Sexual violence is further enacted through blackmail, including the use of nude or indecent photographs taken during interrogation to coerce compliance or enforce silence. These practices aim to strip women of dignity, break them psychologically prior to or during interrogation, and inflict lasting harm that weakens their sense of self long after release.

The full extent of sexual violence against Palestinian women today remains difficult to quantify, as survivors rarely disclose sexual assault or rape causing underreporting to be widespread. This silence reflects structural, legal, and social barriers rather than the absence of abuse. Palestinian survivors of violence perpetrated by Israeli soldiers or settlers seldom pursue legal avenues due to the well-documented lack of accountability within Israeli law enforcement mechanisms, where investigations rarely result in prosecution or redress .

Social stigma also plays a role in silencing survivors. In a predominantly conservative social context, sexual violence carries stigma that extends beyond the survivor to her family and community. Israeli forces exploit this reality deliberately, using sexual violence and threats to women’s “honor” as mechanisms of coercion, intimidation, and social fragmentation. In this way, sexual violence operates not only as an assault on individual women, but as a strategic instrument of collective harm.

II. Reproductive Violence

Reproductive violence targets women’s capacity to give life through the systematic destruction of healthcare systems, maternity services, and the material conditions necessary for survival. It refers to deliberate actions intended to impair an entire population’s ability to reproduce and sustain itself. In Gaza, reproductive violence is not incidental to armed conflict; it is enacted through policy-driven destruction that reflects intentionality rather than collateral harm.

This violence is carried out through the systematic targeting of life-sustaining infrastructure, including hospitals, maternity wards, neonatal units, fertility clinics, and embryo preservation centers, as well as the blockade of medicines, medical equipment, and hygiene supplies. The consequences are visible in rising maternal mortality, increased miscarriages linked to malnutrition and extreme stress, untreated reproductive infections, and the repeated displacement of pregnant women seeking care within a collapsing healthcare system .

These measures directly undermine women’s ability to safely conceive, carry pregnancies to term, give birth, and raise children. Women’s reproductive health is further compromised by the deliberate obstruction of humanitarian aid and the collapse of sanitation and water infrastructure. The destruction of healthcare facilities, combined with ongoing bombardment and repeated displacement, has rendered movement dangerous and unpredictable, making access to medical care nearly impossible and severely limiting the ability of humanitarian organizations to provide reproductive and maternal health services.

As a result, there has been a sharp increase in preventable reproductive health complications. Women report rising cases of fever linked to untreated vaginal infections caused by inadequate hygiene and the absence of feminine hygiene products, as well as unnecessary hysterectomies . Women using intrauterine devices experience prolonged bleeding and infections due to unsanitary living conditions, yet no options for safe removal currently exist in Gaza, posing serious long-term risks to reproductive health and bodily integrity . Women have also been forced to undergo emergency hysterectomies to control excessive post- partum bleeding that could not be managed due to the lack of healthcare.

Reproductive violence in Gaza is therefore both biological and symbolic. It constitutes an assault on the present population and on the possibility of future generations. The objective of preventing Palestinian continuity is further evidenced by the sustained and disproportionate killing of children, who have consistently been the most targeted demographic group throughout the genocide. This killing is reinforced by an ideological framework that dehumanizes Palestinian women and children. Public statements by Israeli political and military officials have repeatedly framed the killing of women and children as militarily justified . Within this logic, women are targeted not for their actions, but for their reproductive capacity and their role in sustaining Palestinian continuity. Such rhetoric has informed and legitimized military operations in Gaza. Throughout the genocide, civilian spaces including schools, homes, and hospitals, have been deliberately targeted as a matter of state policy. These are precisely the spaces where women and children sought refuge. The systematic killing and endangerment of women and children is not a secondary effect of warfare but a central component of the broader genocidal strategy.

III. Starvation as a Weapon of Genocide

Another grave factor to the reproductive health of women in Gaza has been starvation. Prolonged malnutrition, combined with physical exhaustion, repeated displacement, and lack of healthcare infrastructure, have contributed to increased miscarriages, loss of amniotic fluid, and heightened maternal mortality . Numerous women have reported using prenatal supplements distributed by humanitarian organizations as meal substitutes for themselves or their families, or exchanging them for food and essential supplies. Breastfeeding has become increasingly difficult due to suppressed milk production associated with undernourishment, while infant formula remains largely inaccessible, placing newborns at heightened risk. Chronic stress and nutritional deprivation have also resulted in amenorrhea, fertility complications, and potential long-term reproductive harm.

For women in Gaza, starvation functions not only as a form of biological deprivation but as a structural assault on familial roles, social reproduction, and dignity. It undermines women’s capacity to fulfill caregiving responsibilities, destabilizes family life, and produces severe physical, reproductive, and psychological consequences. Women disproportionately experience the embodied impacts of hunger while simultaneously carrying the emotional labor associated with sustaining children and dependent family members.

Testimonies collected by MIFTAH from displaced women subjected to Israel’s forced starvation consistently begin with descriptions of pre-displacement life, including homes, employment, family routines, and domestic spaces. The loss of the home, particularly the kitchen, emerges as a recurrent theme, reflecting the erosion of women’s agency and identity. The destruction of homes and domestic spaces traditionally associated with women’s autonomy has contributed to a marked erosion of dignity and self-perception. Reported symptoms include anxiety, insomnia, hair loss, emotional dysregulation, and post-traumatic stress, with many women suppressing their own distress to maintain caregiving roles.

Repeated displacement has further exacerbated women’s vulnerability. Multiple forced relocations have resulted in the loss of personal possessions, kinship networks, and community-based support systems. Overcrowded shelters lack adequate privacy, sanitation, and safety, compelling women to manage childcare and food preparation under unsafe and degrading conditions. Everyday survival practices are thus shaped by constant exposure to risk and instability.

For women who serve as the primary caretakers of their families, providing for loved ones often comes at great personal risk. They are frequently reducing or skipping their own meals so that their children can eat, often continuing caregiving responsibilities despite severe physical exhaustion . In displacement, they prepare rudimentary meals using limited ingredients and improvised methods, such as cooking lentils over burning toxic materials like plastic. These practices function both as survival strategies and as efforts to maintain a sense of continuity and stability for children amid profound disruption. In these contexts, women disproportionately bear the responsibility of caring for sick, injured, or disabled family members, despite acute shortages of medical care, clean water, and shelter. Overcrowding and unsanitary conditions contribute to widespread illness, while attempts to obtain food or humanitarian assistance expose women and children to ongoing risks of injury or death.

Starvation has additionally intensified gendered pressures within households. Men’s inability to secure food or protection has been associated with increased psychological distress, thereby expanding women’s emotional and caregiving responsibilities. For women whose spouses have been killed, detained, or disappeared, starvation enforces sole provider roles under conditions that systematically undermine the possibility of survival.

Conclusion

MIFTAH has documented violations of sexual violence, reproductive violence, and starvation at various points during the genocide in Gaza. These violations, however, do not occur in isolation; they operate simultaneously, reinforcing and amplifying one another as part of a single system of control. Sexual violence isolates women from themselves and alienates them within their communities. Reproductive violence deliberately targets women because of their childbearing roles. Starvation acts as both a biological and psychological assault. Taken together, these crimes compound one another, deepening harm and undermining the survival of Palestinian women and their communities. A single woman may experience all three forms of violence, being violated in detention, displaced and denied healthcare, and later starved while unable to feed her children. Together, these crimes transform daily life into a persistent site of punishment. They attack the Palestinian female spirit, disrupt women’s societal roles, and, in doing so, fracture society across generations, making recovery increasingly difficult.

The failure to confront these violations reflects a long colonial history, in which the rhetoric of “saving women” was used to justify empire while violence against women perpetrated by colonial powers was silenced or dismissed. To resist normalization and impunity, these crimes must be recognized and addressed as mutually reinforcing acts of genocide. Understanding these violations as an interconnected system of oppression is essential to grasp their full impact on Palestinian society. These gendered crimes are not about women alone; they aim to dismantle the foundations of Palestinian life. Women are targeted not only as individuals but as mothers, community anchors, and bearers of generational continuity, while Palestinian society is systematically weakened and broken at its core.

Sources and References

Executive Summary

On 17 November 2025, the United Nations Security Council adopted Resolution 2803, establishing a new governance framework for Gaza. The resolution endorses U.S. President Donald Trump’s Comprehensive Plan to End the Gaza Conflict (CPEGC) and the creation of a transitional international administration through a U.S.-led Board of Peace (BoP) and authorizes an International Stabilization Force (ISF). Rather than ensuring Palestinian sovereignty, this framework transfers control of Gaza’s civil administration, security, reconstruction, borders, and humanitarian aid to external actors, entrenching foreign oversight and further consolidating Israeli dominance over the occupied Palestinian territory.

This resolution raises grave legal and political concerns. It departs from foundational principles of international law and undermines the Palestinian people’s inalienable right to self-determination. By providing no mechanisms for accountability for Israel’s documented violations, offering no concrete safeguards for Palestinian rights, and presenting an undefined framework with no clear timeline or benchmarks, Resolution 2803 risks perpetuating systemic injustices, enabling a reconfigured form of occupation, and further entrenching the colonial-style control already in place.

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Executive Summary

The outbreak of famine in the Gaza Strip has been a deliberate, man-made policy pursued by the Israeli government as part of its genocide. In August 2025, famine was declared by the Integrated Food Security Phase Classification (IPC) for the first time in the region.

Evidence gathered by MIFTAH through sworn testimonies from women and girls demonstrates that starvation in Gaza is not an unintended by-product of war, but a deliberate and systematic policy used to subjugate and besiege the civilian population.

MIFTAH’s report, “Famine and the Violation of the Right to Food,” outlines the intersection of starvation, displacement, and bombardment, highlighting the gender-specific impacts these practices have on women. It situates the famine within the framework of war crimes, crimes against humanity, and acts of genocide under international law. Article 8(2)(b)(xxv) of the Rome Statute defines as a war crime the act of “intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions.” The report also shows how the militarization of humanitarian aid and the manipulation of financial systems have turned basic survival into a tool of political coercion against Palestinians, especially women.

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Summary

This year marks the fortieth anniversary of the occupation of the Palestinian territory. Israel’s obligations as an occupying Power have not diminished as a result of the prolonged nature of the occupation.

Israel remains the occupying Power in Gaza despite its claim that Gaza is a “hostile territory”. This means that its actions must be measured against the standards of international humanitarian law and human rights law. Judged by these standards Israel is in serious violation of its legal obligations. The collective punishment of Gaza by Israel is expressly prohibited by international humanitarian law and has resulted in a serious humanitarian crisis.

The human rights situation in the West Bank has worsened, despite expectations that it would improve following the removal of Hamas from the Government of the West Bank. Settlements expand, the construction of the wall continues, and checkpoints increase in number. Military incursions and arrests have intensified, 779 Palestinian prisoners have been released but some 11,000 remain in Israeli jails.

The right of self-determination of the Palestinian people is seriously threatened by the separation of Gaza and the West Bank resulting from the seizure of power by Hamas in Gaza in June 2007. Every effort must be made by the international community to restore Palestinian unity.

On 27 November a new peace process was initiated at a meeting in Annapolis. This process must take place within a normative framework that respects international law, international humanitarian law and human rights. The Advisory Opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory is an essential feature of this framework and cannot be overlooked by the Annapolis peace process, the Israeli and Palestinian authorities, the Quartet and the United Nations. The Secretary-General as the representative of the United Nations must ensure that the Advisory Opinion, which represents the law of the United Nations, is respected by all parties engaged in the Annapolis process.

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Summary

Gaza has again been the focus of violations of human rights and international humanitarian law in the Occupied Palestinian Territory (OPT). In response to the capture of Corporal Gilad Shalit by Palestinian militants on 25 June 2006, and the continued firing of Qassam rockets into Israel, Israel conducted two major military operations within Gaza - “Operation Summer Rains” and “Operation Autumn Clouds”. In the course of these operations, the Israeli Defense Forces (IDF) made repeated military incursions into Gaza, accompanied by heavy artillery shelling and air-to-surface missile attacks. Missiles, shells and bulldozers destroyed or damaged homes, schools, hospitals, mosques, public buildings, bridges, water pipelines and electricity networks. Agricultural lands were levelled by bulldozers. Beit Hanoun was the subject of particularly heavy attacks, and on 8 November 19 civilians were killed and 55 wounded in an artillery attack. Economic sanctions have had a major impact on Gaza.

About 70 per cent of Gaza’s workforce is out of work or without pay and over 80 per cent of the population live below the official poverty line. The siege of Gaza is a form of collective punishment in violation of the Fourth Geneva Convention of 12 August 1949. The indiscriminate use of military power against civilians and civilian targets has resulted in serious war crimes.

The West Bank has also experienced serious human rights violations resulting from frequent military incursions; the construction of the Wall; house demolitions and checkpoints.

Over 500 checkpoints and roadblocks obstruct freedom of movement within the OPT. The Wall being built in East Jerusalem is an instrument of social engineering designed to achieve the Judaization of Jerusalem by reducing the number of Palestinians in the city.

The construction of settlements continues. Today there are some 460,000 settlers in the West Bank and East Jerusalem. A study by an Israeli non-governmental organization (NGO) has shown that nearly 40 per cent of the land occupied by settlements in the West Bank is privately owned by Palestinians. It has become abundantly clear that the Wall and checkpoints are principally aimed at advancing the safety, convenience and comfort of settlers.

There are some 9,000 Palestinian prisoners in Israeli jails. There are serious complaints about the treatment, trial and imprisonment of prisoners.

Since 2000, over 500 persons have been killed in targeted assassinations, including a substantial number of innocent civilians. In December 2006 the Israeli High Court failed to find that such assassinations were unlawful but held that they might only be carried out as a last resort and within the bounds of proportionality.

Israeli law and practice makes it impossible for thousands of Palestinian families to live together. A new practice of refusing visas to foreign residents in the OPT has aggravated this situation.

Discrimination against Palestinians occurs in many fields. Moreover, the 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid appears to be violated by many practices, particularly those denying freedom of movement to Palestinians.

There is a humanitarian crisis in the OPT resulting from the withholding of funds owed to the Palestinian Authority by the Government of Israel (estimated at about US$ 50 to 60 million per month) and from the economic isolation of the territory by the United States, the European Union (EU) and other States in response to the election of the Hamas Government.

The Temporary International Mechanism set up by the EU to provide relief in certain sectors has gone some way towards reducing the crisis, but over 70 per cent of the Palestinian people live below the official poverty line. Health care and education have suffered as a result of a strike of workers in these sectors against the Palestinian Authority and the international community for the non-payment of salaries. In effect Israel and sections of the international community have imposed collective punishment on the Palestinian people.

Persons responsible for committing war crimes by the firing of shells and rockets into civilian areas without any apparent military advantage should be apprehended or prosecuted.

This applies to Palestinians who fire Qassam rockets into Israel; and more so to members of the IDF who have committed such crimes on a much greater scale. While individual criminal accountability is important, the responsibility of the State of Israel for the violation of peremptory norms of international law in its actions against the Palestinian people should not be overlooked.

The international community has identified three regimes as inimical to human rights - colonialism, apartheid and foreign occupation. Israel is clearly in military occupation of the OPT. At the same time elements of the occupation constitute forms of colonialism and of apartheid, which are contrary to international law. What are the legal consequences of a regime of prolonged occupation with features of colonialism and apartheid for the occupied people, the occupying Power and third States? It is suggested that this question might appropriately be put to the International Court of Justice for a further advisory opinion.

The Occupied Palestinian Territory is the only instance of a developing country that is denied the right of self-determination and oppressed by a Western-affiliated State. The apparent failure of Western States to take steps to bring such a situation to an end places the future of the international protection of human rights in jeopardy as developing nations begin to question the commitment of Western States to human rights.

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Former President Jimmy Carter's new book, "Palestine: Peace Not Apartheid," is igniting controversy for its allegation that Israel practices a form of apartheid.

As a South African and former anti-apartheid advocate who visits the Palestinian territories regularly to assess the human rights situation for the U.N. Human Rights Council, the comparison to South African apartheid is of special interest to me.

On the face of it, the two regimes are very different. Apartheid was a system of institutionalized racial discrimination that the white minority in South Africa employed to maintain power over the black majority. It was characterized by the denial of political rights to blacks, the fragmentation of the country into white areas and black areas (called Bantustans) and by the imposition on blacks of restrictive measures designed to achieve white superiority, racial separation and white security.

The "pass system," which sought to prevent the free movement of blacks and to restrict their entry to the cities, was rigorously enforced. Blacks were forcibly "relocated," and they were denied access to most public amenities and to many forms of employment. The system was enforced by a brutal security apparatus in which torture played a significant role.

.The Palestinian territories ­ East Jerusalem, the West Bank and Gaza ­ have been under Israeli military occupation since 1967. Although military occupation is tolerated and regulated by international law, it is considered an undesirable regime that should be ended as soon as possible. The United Nations for nearly 40 years has condemned Israel's military occupation, together with colonialism and apartheid, as contrary to the international public order

In principle, the purpose of military occupation is different from that of apartheid. It is not designed as a long-term oppressive regime but as an interim measure that maintains law and order in a territory following an armed conflict and pending a peace settlement. But this is not the nature of the Israeli occupation of Palestine. Since 1967 Israel has imposed its control over the Palestinian territories in the manner of a colonizing power, under the guise of occupation. It has permanently seized the territories' most desirable parts ­ the holy sites in East Jerusalem, Hebron and Bethlehem and the fertile agricultural lands along the western border and in the Jordan Valley ­ and settled its own Jewish "colonists" throughout the land.

Israel's occupation of the Palestinian territories has many features of colonization. At the same time it has many of the worst characteristics of apartheid. The West Bank has been fragmented into three areas ­ north (Jenin and Nablus), center (Ramallah) and south (Hebron) ­ which increasingly resemble the Bantustans of South Africa.

Restrictions on freedom of movement imposed by a rigid permit system enforced by some 520 checkpoints and roadblocks resemble, but in severity go well beyond, apartheid's "pass system." And the security apparatus is reminiscent of that of apartheid, with more than 10,000 Palestinians in Israeli prisons and frequent allegations of torture and cruel treatment.

Many aspects of Israel's occupation surpass those of the apartheid regime. Israel's large-scale destruction of Palestinian homes, leveling of agricultural lands, military incursions and targeted assassinations of Palestinians far exceed any similar practices in apartheid South Africa. No wall was ever built to separate blacks and whites.

Following the worldwide anti-apartheid movement, one might expect a similarly concerted international effort united in opposition to Israel's abhorrent treatment of the Palestinians. Instead one finds an international community divided between the West and the rest of the world. The Security Council is prevented from taking action because of the U.S. veto and European Union abstinence. And the United States and the European Union, acting in collusion with the United Nations and the Russian Federation, have in effect imposed economic sanctions on the Palestinian people for having, by democratic means, elected a government deemed unacceptable to Israel and the West. Forgotten is the commitment to putting an end to occupation, colonization and apartheid.

In these circumstances, the United States should not be surprised if the rest of the world begins to lose faith in its commitment to human rights. Some Americans ­ rightly ­ complain that other countries are unconcerned about Sudan's violence-torn Darfur region and similar situations in the world. But while the United States itself maintains a double standard with respect to Palestine it cannot expect cooperation from others in the struggle for human rights.

John Dugard is a South African law professor teaching in the Netherlands. He is currently Special Rapporteur (reporter) on Palestine to the United Nations Human Rights Council.

Thank you for the invitation to address you today.

At the outset I wish to make it clear that I have every sympathy for Corporal Gilad Shalit; and indeed for all Israel’s young soldiers compelled to serve in the army of an occupying power. I hope that he is well treated as a prisoner-of-war and released in good health. I hope, too, that the Palestinian prisoners in Israeli gaols will also be well treated and released in good health.

I visited the OPT in mid-June, shortly before the present crisis erupted. But then, too, the human rights situation was appalling. In the West Bank the construction of the Wall has deprived Palestinians of their land and livelihood. It has separated families and created a new class of internally displaced persons. Checkpoints have increased to over 500: they destroy the economy and humiliate the Palestinian people without serving any apparent security need. Israel is extending its control over the Jordan Valley and expanding its settlements throughout the West Bank.

Gaza was tightly controlled, in effect imprisoned, before the capture of Corporal Shalit. Artillery fire, sonic booms and targeted assassinations, frequently resulting in the death of innocent civilians, provided evidence of Israel’s control of Gazan airspace. From the sea, Israel’s naval vessels bombarded Gaza indiscriminately. And external borders were frequently closed, with disastrous consequences for the supply of food and medicines.

Both the West Bank and Gaza are impoverished as a result of Israel’s unlawful withholding of Palestinian tax revenues and the Quartet‚s decision to withhold aid. Since 1994 the OPT has become heavily dependent on foreign aid. Consequently the withholding of aid, coupled with the prohibition on the transfer of money to the Palestinian Authority, its agencies and its projects, imposed by the US-controlled international banking system, in effect amount to economic sanctions. This is the first time an occupied people, whose economic welfare is supposed to be protected by the Fourth Geneva Convention, has been subjected to economic sanctions. This economic strangulation has had a severe impact on the social and economic rights of Palestinians. Over one million of Palestine‚s population of 3.5 million are directly affected by the non-payment of government salaries. In addition, the private sector has also suffered. Unemployment and poverty are consequently on the increase.

Israel is in violation of countless UN resolutions and refuses to comply with the 2004 Advisory Opinion of the International Court of Justice. The Quartet has taken no action against Israel and, politely, fails to even remind Israel of its obligations under the Advisory Opinion. But now it has, in effect, imposed economic sanctions - not on the Palestinian Authority - but on the Palestinian people.

In the past week the situation has worsened.

In Gaza people are without water, food is scarce, medicines are running out. 200,000 households are without electricity due to the destruction of power plants. Over 1,500 rounds of artillery have been showered on Gaza. Sonic booms terrorize the people. Transport has been seriously disrupted by the destruction of roads and bridges. Sanitation is threatened. And external borders are substantially closed to persons and supplies.

How is one to assess the present situation? In moral terms, Israel’s conduct is morally indefensible. But I am concerned with the law. And here it is clear that Israel is in violation of the most fundamental norms of humanitarian law and human rights law.

Operation “Summer Rains”, as Israel has cynically labelled its siege of Gaza, offends the prohibition on collective punishment. It likewise violates the prohibition on “measures of intimidation and terrorism” - all contained in Article 33 of the Fourth Geneva Convention. The arrest of Hamas Cabinet ministers and legislators seems to constitute “the taking of hostages”, prohibited by Article 34. The right to life, health and food are threatened. Freedom of movement is curtailed. And Israel ignores its obligations to ensure that an occupied people have adequate food and medical supplies.

Israel portrays its military offensive against Gaza as a response to Kassam rockets fired from Gaza into Israel. Deplorable as such Palestinian actions may be, they do not warrant the disproportionate retaliation they have prompted. Humanitarian law prohibits indiscriminate attacks on civilians and civilian objects and the disproportionate use of force against civilians (see articles 51, 52 and 57 of Additional Protocol I of 1977). Here, too, Israel is in violation of humanitarian law.

Although Gaza is the focus of attention at present, one must not forget the West Bank - in particular Israel’s intended annexation of Palestinian land seized by the Wall under the guise of re-alignment or unilateral disengagement. This will violate the fundamental prohibition on the annexation of land by conquest.

These are serious accusations but the situation is serious and it does not help to conceal the full extent of Israel’s wrongdoing by the use of polite euphemisms - as is so often done in the language of diplomacy.

Two final points.

First,

It must be re-iterated that it is not the Hamas government that is being punished, but the Palestinian people. Israel’s siege of Gaza hurts the Palestinian people. The Quartet’s economic isolation of Palestine hurts the Palestinian people. As a South African, I recall the refusal of the Western powers to impose economic sanctions on the apartheid regime because this would hurt the black people of South Africa. No such sympathy is extended to the Palestinian people and their human rights.

Secondly,

There is a desperate need for a minimum respect for human rights and humanitarian law. This can only be achieved by a resumption of peace talks. And this does now seem possible as a result of the adoption of the so-called Prisoners‚ Document by Hamas and Fatah. There is a need for “honest brokers” in the present crisis. The EU and UN are the bodies best qualified for such a task. Whether they can act as “honest brokers” while remaining members of the Quartet is, however, questionable.

John Dugard, Special Rapporteur on the situation of human rights in the Occupied Palestinian Territory (OPT)