Israel 's military operations in the Gaza city of Rafah, which appeared to be winding down on Monday May 24, have drawn widespread international condemnation. United Nations Secretary General Kofi Annan described the house demolitions carried out in Rafah as “collective punishment” and said Israel should “refrain from further grave violations of international law.” The U.N. Security Council passed a resolution on May 19 calling on Israel to “respect its obligations under international humanitarian law,” and insisting “on its obligation not to undertake demolition of homes contrary to that law.”

Yosef Lapid, the Justice Minister in the Israeli cabinet, also condemned the operation, saying that the demolition of houses in Rafah was “not humane,” and warning that those responsible might face calls for prosecution before an international court.

According to news reports, 42 Palestinians have been killed during the last week in Rafah. In addition, according to the U.N. relief agency UNRWA, 180 houses have been destroyed; the Israeli army put the number of houses destroyed at 12. Israel says its military operations have been aimed at rounding up militants who have attacked Israeli soldiers and preventing the smuggling of weapons through tunnels from Egypt into the Gaza Strip.

The military action, known as Operation Rainbow, was launched after 13 Israeli soldiers were killed in ambushes along a road that runs between Rafah and the Egyptian border.

Under the fourth Geneva Convention, which protects civilians in time of war or occupation, collective punishments – when those who have not participated in attacks are nevertheless targeted in reprisal – are a war crime. All military actions must be directed against people who are taking part in hostilities. According to Article 33, “ No protected person may be punished for an offence he or she has not personally committed.” The article also states that “collective penalties and likewise all measures of intimidation or of terrorism are prohibited,” as are “reprisals against protected persons and their property.”

On May 19, eight Palestinians were killed and many injured when a demonstration in Rafah was hit by fire from an Israeli tank. According to the Israeli government, the tank fired a shell against a deserted building and those killed and injured were hit by shrapnel. Under international humanitarian law, forces must avoid taking action which can be expected to cause harm to civilians that is disproportionate to the military gain achieved. In addition, occupying forces confronting a demonstration are bound by human rights principles that only permit the use of lethal force against people when it is absolutely necessary.

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