The Law of War as a compass, even amid serious violations
In de media image: Joachim Schnürle via Unsplash
Emeritus professor of international law, Nico Schrijver, spoke on NPO Radio 1’s program Spraakmakers about the law of warfare and humanitarian law. He characterized the recent Israeli action that took place in Qatar as ‘brazen, because the attack affected not only Qatar and Hamas, but also the United States, Europe and the world as a whole.’
According to Schrijver, the law of war, as part of international law, is crucial for constraining warfare and creating order in times of conflict. ‘It is always about finding a balance between what is militarily necessary on the one hand and in line with humanity on the other hand.’ Wars are not necessarily prohibited, particularly those against an aggressor, but civilians must be spared as much as possible in times of armed conflict, said the emeritus professor. As guidance, he pointed to the Geneva Red Cross conventions and the UN Charter, which set rules to limit violence and make negotiations possible.
Schrijver answered questions from listeners. One of them was whether Qatar was complicit by hosting Hamas leaders, as Israel has alleged. Schrijver explained that not all parts of Hamas are considered terrorist under the law of war, and it must be proven that the Hamas members as targeted for execution in Qatar are indeed the planners of the 7 October attacks.
He expressed surprise at the ‘audacity, unexpectedness, and full openness’ of the action: ‘This is not how you treat negotiators who are trying to achieve a ceasefire.’ He called it an escalation driven more by politics than by law. He also emphasized that both parties are guilty of violations of international law, which undermines trust in the system. The UN Security Council is now considering how to deliberate on mediation and negotiations. Prime Minister Netanyahu so far seems unwilling to make concessions, and the U.S. is not calling him to account.
The law of war and international law are not a dead letter, even if they are violated. They serve as a supervisory mechanism that sets a standard and provides a compass toward peace, one that the international community can continually fall back resort to, according to Schrijver.
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Listen to the radio broadcast Spraakmakers, NPO Radio1 (in Dutch)