Arab-Israeli Conflict and the Laws of War
Interviews by Mark Dennis

The current clashes between Israelis and Palestinians have refocused world attention on a conflict many had hoped was nearing resolution. There is no shortage of news stories from the region, but the reports of pitched battles and political proclamations rarely address crucial points of international law. To understand exactly which violations of international law are being committed in the region, the Crimes of War Project assigned Mark Dennis, a former Newsweek correspondent in the Middle East, to interview legal experts from Israel, Palestine and the United States. Not surprisingly, viewpoints on some issues diverged sharply, but the group came to a strong consensus on what parts of international humanitarian law are relevant to the current clashes.

They disagreed as to whether or not the current clashes amounted to war. However, all agreed that the Fourth Geneva Convention, which specifies how states must behave in regard to occupied territories, is the guiding instrument. That in itself presents a problem because although Israel was one of the first countries to sign on to the convention, it has never recognized the Fourth Geneva Convention's applicability to its occupation of the West Bank and Gaza, arguing that the areas are "administered areas," not "occupied territories." However, Israel claims that it still adheres to the Fourth Convention's humanitarian provisions especially regarding proportionate use of force and protection of civilians. Our experts help explain this complicated rationale below.