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)