HRW legal adviser calls for accountability amid allegations of war crimes in Gaza conflict

In a poignant assessment of the ongoing conflict’s escalating toll, Clive Baldwin, Senior Legal Adviser at Human Rights Watch, has drawn explicit attention to the catastrophic chain of events unleashed by Hamas’s assault on Israel on October 7.

“Hamas’s initial attack, involving gunmen storming across the border, killing 1,400 individuals, mostly civilians, and subsequent kidnappings, set the stage for a reprisal that has been both devastating and disproportionate,” Baldwin stated. The tragic ripple effect of this assault has plunged the region into one of the darkest phases of its history.

“Retaliatory acts, regardless of their motivation, must adhere to international humanitarian law. The response by Israeli forces has been extreme, with the Gaza Strip, under Hamas control, bearing an insurmountable brunt,” Baldwin continued. He brought attention to the chilling statistics: Israeli strikes have reportedly killed over 7,000 individuals in Gaza, a significant number of whom are civilians, including children. “This staggering figure underscores the calamity unfurling in Gaza. What started as an act of aggression by Hamas has spiraled into a disproportionate cycle of violence, costing thousands of lives and wreaking havoc on a terrifying scale.”

Baldwin emphasized the legal principles that govern such situations. “While Israel has the right to defend itself, the means must align with humanitarian law. The principle of proportionality applies — retaliation must not go beyond the direct military advantage anticipated and should limit civilian damage,” he explained.

The situation in Gaza is dire, with reports of widespread destruction and the use of white phosphorus by Israeli forces, leading to horrific civilian casualties and suffering. “These actions indicate a blatant disregard for human life and dignity. The tragedy we’re witnessing is a direct consequence of decisions made by Hamas and the response it provoked — none of which justifies the large-scale loss of civilian life,” Baldwin added.

In his appeal, Baldwin called for an immediate cessation of hostilities and stressed the urgent need for international intervention. “The global community must step in to mediate, with a priority on stopping the bloodshed and protecting innocent lives. Beyond that, there’s a need for an objective investigation into these events, including the actions of both Hamas and Israeli forces.”

The ongoing crisis points to a significant breakdown of respect for international humanitarian principles, Baldwin concluded. “We’re looking at potential war crimes on both sides. The initial assault by Hamas was unconscionable, as is the scale and manner of Israel’s response. The road to justice may be arduous, but it’s an indispensable journey that we must embark on, to honor the thousands of lives lost in this senseless conflict.”

UN Calls for Humanitarian Truce as Situation Deteriorates

In light of the escalating violence and catastrophic humanitarian conditions in Gaza, the United Nations General Assembly has taken a decisive step by passing a resolution that calls for an immediate humanitarian truce between Israel and Hamas. The resolution on Friday demands unfettered aid access to the besieged Gaza Strip, highlighting the urgent need to provide relief to the innocent civilians caught in the crossfire.

The resolution saw broad support, with 120 countries voting in favor. However, it was not without its dissenters. Fourteen countries, including Israel and the United States, voted against the motion. Among the abstentions was Canada, which had proposed an amendment seeking a stronger condemnation of Hamas for its initial assault on Israel on October 7, described as a “terrorist” attack. The amendment also pressed for the immediate release of hostages taken by Hamas.

While the international community grapples with diplomatic complexities, the situation on the ground is growing increasingly dire. Human Rights Watch has raised a severe alarm about the near-total telecommunications blackout imposed in Gaza. Deborah Brown, the organization’s senior technology and human rights researcher, expressed grave concerns about this development.

“This information blackout risks providing cover for mass atrocities and contributing to impunity for human rights violations,” Brown stated. The lack of reliable communication channels with Gaza not only hampers the delivery of essential humanitarian aid but also blinds international watchdogs, preventing them from documenting and responding to ongoing human rights abuses and war crimes.