by Umair Sherani 20 October 2023
International justice faces a major problem of selective justice, which undermines the legitimacy and credibility of the international criminal justice system. Selective justice refers to prosecuting some offenders of international crimes while ignoring others for political or other reasons. This practice creates a perception of impunity and inequality among both victims and accused and erodes trust in the rule of law. Selective justice also contradicts the universality principle, which asserts that all governments and people are equally bound by and accountable to international law.
When a major power alliance in the international system, like the permanent members of the UN Security Council or their allies, supports an assault which is in fact a war crime, selective justice becomes even more a sad reality. This is because it creates a perception of double standards and bias in the application of international law. It can also lead to resentment and resistance from other states and actors who may feel that they are being unfairly targeted or discriminated against by the international community.
Under international humanitarian law (IHL) and the Geneva Conventions, a hospital holding people is a protected location that should not be targeted by any party to an armed conflict. The injured and sick, as well as the medical personnel and facilities that care for them, have the right to be respected and safeguarded under IHL. Under international law, any violation of this protection, such as striking a hospital with people, is considered a grave breach or a war crime and may result in individual criminal responsibility.
The bombing of Gaza’s Al-Ahli Arab Hospital on October 17, 2023, was a grave violation of human rights and international humanitarian law, as it resulted in the deaths of over 500 Palestinian civilians, children, medical staff, and displaced people seeking shelter in the hospital. The hospital was a protected facility under the Fourth Geneva Convention, which forbids attacks on hospitals and other non-military medical facilities. The hospital was also a humanitarian lifeline for Gaza’s beleaguered population, which has been suffering from acute food, water, energy, and medical supply shortages as a result of Israel’s embargo and attacks.
Many world leaders, human rights organizations, and medical associations condemned the hospital bombing and demanded an independent investigation and accountability for those responsible. Both sides have been accused of indiscriminate attacks on civilian areas, using disproportionate force, and failing to protect civilians and civilian infrastructure. The UN and other humanitarian organizations have warned of a humanitarian disaster in Gaza, where more than half of the population is uprooted and living in deplorable conditions. Not to mention that Gaza is one of the most densely inhabited cities on the planet, with a population of over 2 million people.
Israel condemns Hamas for using Palestinians as human shields while repeatedly bombing civilian sites, while the rest of the world blames Hamas or Palestinians, some Israeli army and government officials went as far as to say they are just animals. This perspective on human dignity and life humanitarian breaches is a mockery of international law and justice. The current situation highlights a concerning trend where the established principles of international law, which aim to safeguard the vulnerable and maintain justice, are being blatantly ignored. In this worrying scenario, the severity of war crimes that have taken place in Gaza, leading to the loss of numerous innocent lives, is overshadowed by political motivations and power dynamics.
It is disheartening to see that some nations, especially the United States, which claims to lead the “Free World,” are involved in this situation. When the lives of Palestinians are considered dispensable in the pursuit of broader political objectives, the very principles of freedom and justice are compromised. The irony is striking in this distorted narrative, where the idea of a ‘Free World’ becomes associated with the oppression of the Palestinian people’s right to freedom and justice.
The rationale for killing hundreds of thousands of Palestinians indiscriminately, often in the name of vengeance, exposes not only an immoral hatred for human life but also an extremely dangerous double standard in the application of international humanitarian law (IHL) and the Geneva Conventions. When violations of these fundamental norms are considered applicable to specific conflicts and not to the Palestinians’ issues, it raises severe concerns about the international legal framework’s integrity.
It is undoubtedly a dark time for humanity due to this tragic situation. The very core of the rule of law and our collective sense of justice is being undermined. Powerful nations, driven by political interests, are manipulating the scales of justice, leaving the oppressed without recourse and the perpetrators without accountability. The world is watching as this happens.
In these critical times, it is vital for the global community to reflect on its moral values and reassert its dedication to the principles that uphold international law. We must never compromise on the sanctity of human life and the pursuit of justice for the sake of geopolitical convenience. As proponents of a fair and peaceful world, we must speak out against such selective justice, demand accountability for war crimes, and work tirelessly to restore the public’s trust in the international legal system that is meant to safeguard everyone, regardless of their national or political affiliation. Only by collectively and steadfastly committing to justice can we hope to rectify the grave injustices occurring in Gaza and uphold the fundamental principles that define our shared humanity.
As the UN Security Councils have yet to ratify a resolution calling for a cease-fire and allowing immediate humanitarian supplies into Gaza after the US rejected yet another resolution. The situation is getting worse, and terrible atrocities against humanity and ethnic cleansing of the Palestinians are occurring. Do Palestinians lives matter enough for the international community to act? This is the key question that remains.