Unlike other issues related to Israel’s conduct in its war against Hamas in Gaza, which has claimed more than 30,000 lives and displaced more than 85% of the population amid widespread destruction, the human-made famine occurring in the Palestinian territory appears more straightforward.
While the question of civilian casualties from specific attacks and from the wider policy of bombing will need to be tested against highly contested notions in international humanitarian law such as proportionality and necessity in conflict, the war crime of starvation is simply and clearly defined.
Though Israel denies the allegation, the Rome statute of the international criminal court defines it as the crime of intentionally starving civilians by “depriving them of objects indispensable to their survival” including “wilfully impeding relief supplies”.
Highly technical, often cautious and designed to be neutral in its analysis, the committee – which had already warned of the risk of famine not least in the worst affected region of northern Gaza – has relied on World Food Programme surveys that concludedPalestinians were already facing IPC phase 4 and 5 levels of malnutrition – “emergency” and “catastrophe”.
Exacerbating Israel’s legal exposure over the issue of starvation are public comments made early in the war by the defence minister, Yoav Gallant, advocating a “complete siege of Gaza” and making clear that he meant: “No electricity, no food, no water.”
While Israel has allowed a minimum of aid to enter under pressure from the US and wider international community, it has faced repeated complaints, including from Joe Biden, that the quality is insufficient, prompting air drops and attempts to open a sea bridge by other countries.
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