The Starvation of Families in Israel-Hamas War is Unacceptable
“We have witnessed, the collateral consequences of war extend far beyond the battlefield. It has induced famine on some of the world’s the children,” says Quianna Canada
There have been multiple stories this week reporting that families in the Gaza Strip are near famine and that children are suffering from severe fatigue, emaciation, and anemia.[1]
According to the United Nations, more than 1 million people in Gaza do not have enough clean drinking water and face desperate levels of hunger.[2] Further, over 50,000 children require treatment for acute malnutrition.[3] It cannot be denied that the suffering in Gaza is one of the biggest humanitarian crises happening right now.
What Qualifies as a Humanitarian Crisis?
According to Humanitarian Coalition, a humanitarian crisis “arises when such an event affects vulnerable populations who are unable to withstand the negative consequences by themselves.” Humanitarian, according to the United Nations, further includes man-made conflict, natural disasters and pandemics, sometimes combined, result in human rights concerns and exacerbate pre-existing human rights vulnerabilities.
The Right to Food
I acknowledge that the right to food is an inclusive right.[4] It is not simply a right to a minimum ration of calories, proteins and other specific nutrients.[5] It is a right to all nutritional elements that a person needs to live a healthy and active life, and to the means to access them.[6]
Moreover, food must be accessible. As per the United Nations, physical accessibility means that food should be accessible to all, including to the physically vulnerable, such as children, the sick, persons with disabilities or the elderly, for whom it may be difficult to go out to get food.[7] Access to food must also be guaranteed to victims of armed conflicts.[8] When food is intentionally inaccessible to victims of armed conflicts, it can lead to starvation. As we know, employing starvation is a prohibited method of warfare.
Starvation as a Method of Warfare
While it is not immediately clear as to whether Israel is intentionally using starvation of civilians as a method of warfare, I acknowledge that reports claim the Prime Minister contacted the military secretary and disapproved of humanitarian aid into region.[9]
If this information is correct, this would be unacceptable and would violate the Rome Statute. Indeed, when a State deprives families of food indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions, it violates Article 8 (2)(b)(xxv) of the Rome Statute.
It is not necessary that civilians actually be harmed, or even be endangered by the action — it is the withholding of food that will violate Article 8 (2)(b)(xxv).[10] Under Article 55 of the Geneva Convention IV, the occupying power is obligated to bring such supplies to the occupied territory.[11]
Non-Military Targets
I further acknowledge that the Israel Defense Forces (“IDF”) did announce a daily pause in fighting along the south Gaza Strip to increase humanitarian aid flow.[12]
However, I am reminded of recent evidence that demonstrates the occupying power’s military advantage and operations has left civilians without food, and has thus, placed lives at risk. Although, protection of civilians from military operations may not be not absolute,[13] the occupying power must ensure that humanitarian aid reaches the families and civilians.
Scorched Earth Tactics
Merriam-Webster defines scorched earth as “relating to or being a military policy involving deliberate and usually widespread destruction of property and resources” so that one cannot use them.
What is an Example of a Scorched Earth Tactic?
The occupying power must not scorch the earth to induce starvation. In other words, it ensure that it is not further contributing to the prevention of food production by destroying croplands, agricultural areas, and other facilities[14] in zones that have not been impacted by the conflict.
As we have witnessed, the collateral consequences of war extend far beyond the battlefield. It has induced famine on the world’s children.
I am reminded that the Promoting the Culture of Peace with Love and Conscience Resolution reiterates the objectives outlined in its predecessor, Resolution 52/13 of 20 November 1997, aimed at safeguarding future generations from the devastating impact of war.
Both Parties to the conflict can end these wars. In order to do so, they must take the position that all States should prioritise dialogue and diplomacy over aggression and hostility.
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References
[1] Ibrahim Mohammad, ‘Children starving, parents helpless as famine consumes northern Gaza’ (+972 Magazine 18 June 2024) < https://www.972mag.com/northern-gaza-famine-hunger-malnutrition-aid/> accessed 19 June 2024.
[2] United Nations, ‘Humanitarian Crisis in Gaza Can Only Be Solved through ‘a Political Solution’, Based on two States, Secretary-General Tells Jordan Conference’ (United Nations 11 June 2024)< https://press.un.org/en/2024/sgsm22264.doc.htm> accessed 19 June 2024
[3] Id.
[4] United Nations ‘Right to Adequate Food: Fact Sheet №34’ (United Nations April 2010) < https://www.ohchr.org/Documents/Publications/FactSheet34en.pdf> accessed 19 June 2024, p. 2.
[5] Id., p. 2.
[6] Id.
[7] Id., p. 3.
[8] Id.
[9] Emanuel Fabian ‘IDF announces daily pause in fighting along key south Gaza road to increase aid flow‘ (The Times of Israel 16 June 2024) < https://www.timesofisrael.com/idf-announces-daily-pause-in-fighting-along-key-south-gaza-road-to-increase-aid-flow/> accessed 19 June 2024.
[10] Gerhard Werle and Florian Jessberger ‘Starvation of the Civilian Population’ in Gerhard Werle and Florian Jessberger (eds) Principles of International Criminal Law (3rd edn. Oxford University Press 2014), pp. 267, 504–505.
[11] Id.
[12] Supra, note 9.
[13] Gerhard Werle and Florian Jessberger ‘Attacks on Non-Military Targets’ in Gerhard Werle and Florian Jessberger (eds) Principles of International Criminal Law (3rd edn. Oxford University Press 2014), p. 476.
[14] Supra, note 6, p. 505.
