Press Releases

Witness says bombing of drinking water reservoir ‘war crime’

The Palestinian Association for Human Rights (Witness) condemns the absence of concrete efforts to implement the law. This lack of action encourages impunity, enabling the Israeli occupation forces to escalate their attacks on civilian targets and continue their genocide against Gaza Strip residents.

On July 27, 2024, Israeli 401stBrigade army blew up a 3000-cubic-meters water reservoir using explosive device, as confirmed by statements from local and international sources and various reports. The reservoir, funded by the Japanese government and UNDP, provided drinking water for the residents of Gaza Strip.

(Witness) emphasizes that international law identifies a non-exhaustive list of critical assets necessary for the survival of civilian populations, which are protected under international law. This list includes food supplies, agricultural areas, crops, livestock, drinking water facilities and networks, and irrigation systems. It is prohibited to attack, destroy, or disrupt these assets except in very rare and exceptional cases.

(Witness) states that targeting water reservoirs during armed conflicts can have serious legal consequences under international humanitarian law. According to the laws of war and international treaties like the Geneva Conventions and their Additional Protocols, various factors must be taken into account:

Principle of Distinction: International humanitarian law mandates a clear distinction between military objectives and civilian objects. Water reservoirs are typically classified as civilian objects that must be protected, unless they are used to support military operations, such as being integrated into military infrastructure—which does not apply to the situation described. Deliberate attacks on civilian objects or causing disproportionate damage are considered violations of this principle and may be deemed war crimes.

Principle of Necessity and Proportionality: Even if a military objective is near water reservoirs, any attack must be necessary to achieve a specific military advantage and the potential damage must be proportional to the military gain. The attack must not cause excessive harm to civilians and civilian infrastructure. If the damage caused by blowing up the water reservoir significantly outweighs the intended military benefits, this is considered a violation of the principle of proportionality as outlined in Additional Protocol I.

 

(Witness) affirms that destroying the water reservoir deprives civilians of crucial water supplies, leading to severe suffering and an increased risk of epidemics and diseases. Such harm to civilians aligns with the definitions of crimes against humanity and war crimes.

The Palestinian Association for Human Rights (Witness) urges the international community, especially the United Nations General Assembly and Security Council, to take decisive and immediate action to compel the Israeli occupation to halt its aggression and genocide. The association calls for adherence to the International Court of Justice’s binding rulings to prevent the perpetration of genocide and insists that the General Assembly follow the Court's advisory opinion on the nature of the occupation and take concrete steps to end it.

(Witness) further demands that the International Criminal Court expedite its legal proceedings to hold the perpetrators accountable. It also calls on all UN bodies to increase efforts to provide food assistance, ensure access to clean water, and lift the blockade on the Gaza Strip.

 

The Palestinian Association for Human Rights (Witness)