In March, Volker Türk, the United Nations’ human rights chief, stated that Israel’s policies towards aid in Gaza could potentially be considered a war crime. The continued restrictions on aid delivery into Gaza, combined with the conduct of hostilities, may be interpreted as using starvation as a method of war, which is a war crime under the International Criminal Court (ICC) Rome Statute. There were concerns that the ICC might issue arrest warrants against senior Israeli officials for allegations of preventing aid delivery in Gaza, as well as potentially against Hamas leaders. The lack of access for independent observers in Gaza has made it difficult to fully understand the extent of the humanitarian crisis there.
The ongoing conflict in Gaza has led to a situation where aid distribution has been severely disrupted. Israeli restrictions have prevented adequate aid delivery into Gaza, especially in the northern part of the strip, where the hunger crisis is most severe. The displacement of civilians, lack of security for aid convoys, and the violence have all contributed to the worsening humanitarian situation in Gaza. Aid workers have also faced dangers, with some being killed in the line of duty. Consequently, there has been widespread malnourishment and deaths due to starvation and related diseases, as described by Türk as a “catastrophe.”
Israeli officials have defended their actions, stating that they have been engaged in a war against terrorism and have worked with international partners to facilitate aid delivery to Gaza residents. They denied placing limits on aid and accused the United Nations of failing in aid distribution. However, U.S. and U.N. officials have refuted these claims, stating that aid restrictions have contributed to the crisis in Gaza. Recent pressure from allies has led Israel to ease some restrictions, resulting in a modest increase in aid deliveries. The possibility of ICC arrest warrants against Israeli officials remains uncertain at this stage.
The crime of intentionally starving civilians as a weapon of war was designated as a war crime by the ICC in 1998. The act involves depriving civilians of essential resources for survival and utilizing starvation as a method of warfare. Israel’s imposition of a complete siege in Gaza and the delays in allowing aid trucks into the territory have raised concerns about potential criminal liability. While Israel has denied such intentions, international law experts point to statements made by Israeli officials as evidence of intent to use starvation as a weapon of war.
Israel has implemented strict checks on aid trucks to prevent items that could aid Hamas from entering Gaza. While some aid has been allowed into the region in recent weeks, aid agencies maintain that the restrictions have hampered efforts to avert a humanitarian crisis. The international community has expressed concerns about the use of starvation as a weapon of war in Gaza. Legal experts emphasize the importance of considering the context when imposing restrictions on aid access, particularly when civilians are at risk of starvation. The situation in Gaza has raised questions about potential criminal liability and international legal repercussions.
Improvements in aid delivery have been made in recent weeks, with Israel reopening the Erez border crossing to allow aid to enter northern Gaza. Foreign officials and aid agencies acknowledge these efforts but stress that more needs to be done to address the ongoing crisis. While improvements in aid allocations do not negate potential criminal liability for past actions, the legal process for issuing warrants and pursuing prosecutions can be lengthy and complex. The uncertainty of whether any Israeli official would actually face trial in the ICC, even if warrants are issued, highlights the challenges of international legal proceedings in cases of alleged war crimes.
