In Gaza, Israel violates human rights and international law, while Germany turns a blind eye – prompting Erdoğan to highlight this hypocrisy
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The present Report examines Israel’s attacks from legal perspective depend ing on the relevant rules of international law. In this sense, the Report handles three main issues. The first is whether Israel’s attacks can be justified on the basis of the right to self-defense. The second concerns the violations of international humanitarian law and the related crimes resulting from the violations. Finally, the Report evaluates the ongoing judicial processes initiated against or related to Israel.
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Israel's cyber-attacks spark a regional war, threatening stability and drawing in global powers
The developments in the Middle East after Oct. 7 have led to the emergence of a new insecurity wave in the region. A similar situation had been experienced with the onset of the Arab Spring, which altered the strategic environment of the Middle East significantly. Regional actors attempted to move away from the conflicts caused by the Arab Spring through normalization processes that began in 2020 and aimed at creating a new security environment based on cooperation. Now, they find themselves in a new conflictual setting.
Most Western countries have given unconditional support to Israel for its genocidal acts over the last 10 months. Western countries not only support the Israeli government economically and politically but also militarily. On the one hand, Western governments provide weapons to Israel to continue its genocidal attacks against the Palestinian people. In other words, they are directly involved in the asymmetric war in Palestine.
The applause for a leader who has officially killed over 39,000 people since Oct. 7 has gone down in history as a significant stain on humanity for those applauding.
It seems that Western governments are determined not to take any action to stop Israel’s persistent attacks against the Palestinian people. People both in the West and non-Western states have continued to question Western governments’ policies for the last several months. Considering that the West had been championing humanitarian values and global norms until very recently, it is an unexpected turn on the side of Western governments, who have begun to fail in protecting liberal values. Neither the United States nor the European Union have raised their voice to stop the attacks against Gaza. The West has largely remained silent against the longtime suffering of the Palestinian people.
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International Criminal Court (ICC) Chief Prosecutor Karim Khan has requested arrest warrants for Israeli Prime Minister Netanyahu and Defense Minister Gallant, accusing them of war crimes and crimes against humanity. If the judges approve Khan's request, it will be the first time in the court's history that such a decision is made against political leaders of a U.S. ally. American politicians from both parties have previously lobbied against a potential arrest warrant, even threatening sanctions against ICC members and their families. Despite these pressures, the Prosecutor's decision to pursue arrest warrants presents a significant test for Western countries, especially the U.S., as they risk losing their role as defenders of international law and order to other actors.
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Although the hegemonic circles such as most Western countries and the leading global financial and economic institutions have been supporting Israel and its ongoing genocide against the innocent Palestinians both in the Gaza Strip and the West Bank, the majority of the world public opinion takes the side of humanity, protesting against the Western-supported Israeli genocide.
Since the early days of the post-Oct. 7 period, Türkiye has been insistently trying to de-escalate the tension in Palestine and to find a way for a lasting cease-fire. In the wake of the Al-Aqsa Flood and the first Israeli reactions, Türkiye called both sides not to escalate the tension. However, with the full support of the global Western powers, the Israeli side intensified its ruthless military campaign against innocent Palestinian civilians, the majority of whom are children and women, with full steam. Türkiye has been following an exceptional policy toward the Gaza crisis. It has taken several significant initiatives since Oct. 7.
Despite Hamas announcing its acceptance of the ceasefire on Monday, Israel stated that the agreement did not meet their desired level. However, they announced that they would send a delegation to Doha for negotiations. Additionally, they indicated that the Rafah operation would proceed as planned, showing no intention to heed Washington's demands. Despite CIA Director Bill Burns being in the region for the Doha talks and the Biden administration's clear opposition to the Rafah operation, the Netanyahu government shows no signs of backing down. Reports of the Biden administration halting arms shipments to Israel, thus delaying Netanyahu's Rafah operation, had made Hamas' acceptance of the ceasefire a critical turning point. However, Netanyahu's efforts to both continue and expand the conflict from the outset pose the biggest obstacle to ceasefire efforts.
The Biden administration seems to have at least temporarily succeeded in preventing Iran's direct attack on Israel from escalating into an uncontrolled war. The White House conveyed the message to Israel through various channels that any attack on Iran should be 'proportional,' also signaling to the Netanyahu government that US support for Israel would be limited to defense. With the assistance of the United States, the United Kingdom, and Jordan, Iran's UAVs and missiles were intercepted before reaching Israeli airspace, making the job of the Iron Dome relatively easier. However, Iran's low-intensity and controlled attack with low-cost weapons demonstrated that in a more 'real' war, Israel's task would be far from easy. The attack, which brought the urgency of Israel's defense to the forefront, seems to pave the way for a vote on a long-delayed aid package for Israel, Ukraine, and Taiwan in the House of Representatives. The fact that American foreign aid could reach the approval stage thanks to the attack on Israel indicates how much the issues that bring Republicans and Democrats together have decreased.
The latest developments in Gaza have forced many states to reconsider their policies toward Israel’s genocidal attacks, the suffering of the people of Gaza and the resistance of the Gazan people, which will continue to shape not only regional but also global politics.
What was the post-Oct. 7 stance of Western thinkers and intellectuals? Why does the Western intellectual world ignore Palestine? Why have thinkers, who believe the Palestinians are right and support them, become targets of ‘lynching’?
This study presents the relevant parts of international law before engaging in a legal assessment of Israel’s actions in Gaza.