The Gaza crisis and the end of human rights: the failure of international law

Hilal Cibik

Informed Comment  /  October 8, 2024

Exeter – As the Israeli attacks against Gaza have continued to rage, now spilling into Lebanon, a year of unspeakable violence has raised persistent questions about the efficacy of international law and global governance. Israel’s ongoing military actions in Palestine and the devastating toll on civilian lives. In the face of these flagrant violations of international law, from the Geneva Conventions to humanitarian rules meant to safeguard civilians, the world watches in a state of paralysis. The impotence of the United Nations (UN) and other international bodies calls into question whether global institutions are equipped to prevent such tragedies or hold aggressors accountable. The answer is clear: international law and organizations have failed.

A year of violence: a tragedy for Palestine

For over a year, the Israeli occupation authorities have pursued increasingly aggressive military operations in Gaza and the West Bank. Thousands of Palestinian civilians have been killed, with entire neighbourhoods razed, hospitals bombed, and essential infrastructure destroyed. The blockade of Gaza has deepened, leaving millions without access to necessities such as adequate water, food, and medical care. This is not just warfare; it is the systematic destruction of a people -— genocide, according to many scholars and human rights organizations.

What is perhaps most disheartening is the international community’s response — or lack thereof. Despite widespread documentation of war crimes, including targeting civilians, collective punishment, and disproportionate use of force, there has been no meaningful intervention. Israel’s actions flagrantly violate international law, including the Fourth Geneva Convention, which prohibits the deliberate targeting of civilians and calls for the protection of those in occupied territories. Yet, condemnation from global institutions has been largely symbolic, devoid of enforcement or consequences.

Lebanon: the conflict expands

Now, as Israel extends its military campaign into Lebanon, targeting Hezbollah, the crisis has escalated into a regional conflict. The Lebanese civilian population, already struggling under economic collapse and political instability, now faces the terrifying prospect of attacks. As with Gaza and the West Bank, civilians are caught in the crossfire, and international law once again appears impotent in the face of aggression.

The expansion of conflict raises broader geopolitical concerns. The Middle East has long been a powder keg, and Israel’s unchecked military actions risk pulling the region into greater chaos. Yet, despite these dire consequences, the international community remains largely passive, offering only calls for restraint and diplomacy, which ring hollow in the absence of real accountability.

The collapse of international law

This ongoing crisis exposes the deep flaws within the international legal system. Israel’s continued breaches of international humanitarian law, from illegal settlements to disproportionate military force, challenge the very foundation of the post-World War II order. International law is designed to prevent such atrocities, yet when its mechanisms fail to hold powerful actors accountable, it becomes a dead letter.

The role of international organizations, particularly the United Nations, is central to this failure. The UN, founded to prevent the horrors of war and promote human rights, has become a symbol of ineffectiveness. UN resolutions condemning Israeli actions have been met with vetoes by powerful member states, most notably the United States, rendering the institution powerless. Year after year, the Security Council has been paralyzed, and while the UN General Assembly passes resolutions condemning the violence, these carry no legal weight.

The UN Secretary-General’s recent statements, calling for ceasefires and peace negotiations, are admirable but fall far short of addressing the root problem: the lack of enforcement. If international law cannot be enforced against powerful states, particularly when geopolitical interests are involved, it loses credibility in the eyes of the world. On the one hand, Israel has declared the UN Secretary-General as “persona non grata.” Israeli Foreign Minister Israel Katz claimed that Guterres, whom he described as anti-Israel, ‘supports terrorists, rapists, and murderers.’

In a written statement released by the Foreign Ministry, it was reported that Guterres was declared ‘persona non grata’ for not explicitly condemning the Iranian missile attack on Israel. ‘No one who cannot unequivocally condemn Iran’s vile attack on Israel deserves to set foot on Israeli soil,’ Foreign Minister Israel Katz said in a statement, claiming that Guterres, whom he described as anti-Israel, ‘supports terrorists, rapists, and murderers.’ Katz also argued that Guterres stands with Hamas, Hezbollah, the Houthis, and now Iran, which he described as ‘the mother of global terrorism,’ and said that Guterres will go down in UN history as a ‘black stain.’ As we can see, Israel demands not only substantial support from individual states but also knee-jerk support from international organizations.

The failure of political will

The problem, however, extends beyond institutional failures. At its core, the crisis reflects a lack of political will among world leaders to prioritize human rights and justice over strategic alliances and national interests. Israel’s position as a close ally of the United States and other Western powers shields it from meaningful consequences. This political reality undermines international law, creating a world where rules apply only to the weak, while the powerful operate with impunity. As public trust in international organizations erodes, so does the belief in the effectiveness of international law. This erosion has long-term consequences, not only for the Palestinian people but for global stability. If the world allows the precedent of unchecked violence and lawlessness to continue, other conflicts may follow, and other authoritarian regimes may exploit the international system’s weaknesses.

Where do we go from here ?

The current situation demands more than empty rhetoric and non-binding resolutions. If international law is to remain a force for justice, it must be enforced consistently, without regard to political alliances. This requires a fundamental overhaul of global institutions like the UN, which must become more democratic and less beholden to the vetoes of powerful nations. International courts, such as the International Criminal Court (ICC), must be empowered to investigate and prosecute war crimes without political interference. The world cannot afford to stand idly by while a humanitarian catastrophe unfolds in Palestine and now threatens to engulf Lebanon. Global leaders must rise above their national interests and act in the name of justice, not only for the sake of the Palestinian people but for the integrity of international law itself. The time for decisive action is now, and the world must not let another year of violence and impunity pass.

Erosion of public trust

International law, particularly humanitarian law, is designed to protect human rights, prevent atrocities, and promote peace and justice on a global scale. Organizations like the United Nations (UN), the International Criminal Court (ICC), and various international treaties are supposed to provide mechanisms for accountability. However, when these institutions are unable—or unwilling—to enforce their rules, public trust in them erodes.

That Israel can attack Palestinians, routinely violating international law without consequence, sends a message to the global public that these laws are impotent. The inability to hold powerful states accountable creates the perception that international law is applied selectively, undermining its legitimacy. People lose faith in these institutions when they see that global powers can act with impunity, leading to cynicism about the entire international order. This erosion of trust can be deeply damaging. Citizens around the world may start to believe that international organizations are incapable of protecting human rights or negotiating an end to wars. The loss of confidence in these bodies weakens their authority, making it harder for them to mediate future conflicts, provide humanitarian aid, or broker peace agreements.

A global crisis for humanity

When international law fails, it is not just the immediate victims of conflict who suffer. The breakdown of these systems can lead to a broader global crisis for humanity. The unchecked violation of human rights and international humanitarian law contributes to a cycle of violence, displacement, and instability that affects millions. Refugee crises, for example, often stem from conflicts where international law is disregarded, forcing entire populations to flee their homes in search of safety. Moreover, when international organizations are unable to intervene effectively, it emboldens other states or actors to disregard international norms, setting a dangerous precedent. This can lead to a proliferation of conflicts and human rights abuses, as countries see that there are no real consequences for violating international law. The result is a global jungle where might makes right, and the rules meant to protect the vulnerable are ignored.

In the long term, this instability can contribute to global crises, such as the rise of extremism, the collapse of states, and increased poverty and suffering. When people no longer believe that international law can protect them, they may turn to other, often more violent, forms of resistance or support authoritarian regimes that promise stability over justice. This creates a vicious cycle where international organizations lose their ability to intervene meaningfully, further eroding trust and exacerbating global instability.

Beyond the undeniable failure of institutions, courts, and international law, this situation sends a stark message to the world: if what is happening in Gaza and Lebanon were to happen to us, there would be no mechanism or institution to protect us. Perhaps this is the intended outcome — to make us feel utter despair, to break our spirit, and to compel us to bow to power. But it is precisely for this reason that we will continue to resist, to fight, and to defend human rights with as much resolve as the people of Gaza.

Hilal Cibik is a PhD student in constitutional law at the University of Exeter