Gaza… Until When?

Day after day, the news emerging from Gaza can only provoke dismay, sorrow, and also anger. How can we endure the horror unfolding before our very eyes on a daily basis? How far must the ongoing massacre go before concrete, tangible and effective measures are finally taken to bring it to an end? The Palestinian question has been on the international agenda since 1948—76 years—yet never before have we witnessed such a thirst for annihilating vengeance. How did we reach this point?

The main reason lies in the sense of impunity enjoyed by Israeli leaders for decades. They have never considered that the numerous UN resolutions on this issue were binding or had to be respected. Similarly, the Oslo Accords signed in 1993 were condemned by Benjamin Netanyahu at the time of their signature and systematically dismantled when he came to power in 1996. Israel is not alone in disregarding international law, but the difference is that it has never been sanctioned for doing so. This is why it allows itself to pursue policies that are in open defiance of those very resolutions. For instance, the colonisation of Palestinian land, condemned by UN Security Council Resolution 242 adopted in November 1967—57 years ago—has been methodically trampled by successive Israeli governments. The result: 10,000 Jewish settlers in 1972, 280,000 in 1993, and likely between 750,000 and 800,000 today in the West Bank and East Jerusalem.

One could, of course, multiply the examples that have fostered this persistent sense of impunity over the years. Let us consider only the events of the past few days, which perfectly illustrate the strategy of Israeli leaders. On 20 May 2024, the Prosecutor of the International Criminal Court (ICC), Karim Khan, submitted applications to the judges of the Pre-Trial Chamber for five arrest warrants concerning the situation in Palestine. The individuals targeted include two Israeli ministers and three Hamas leaders. This is a historic move: it is the first time that Israeli leaders, at the head of a state that presents itself as democratic, may be formally held accountable before international justice. The charges are extremely serious: Benjamin Netanyahu and Yoav Gallant are accused of war crimes and crimes against humanity. The same charges are levelled against Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, although the alleged acts differ.

This application by the ICC Prosecutor comes as a legal process to examine the Israeli-Palestinian conflict has been under way since 7 October, with several cases simultaneously under investigation by another international court—the International Court of Justice (ICJ). Other UN bodies also regularly produce damning reports on Israeli leadership, such as the one on human rights in the occupied Palestinian territories since 1967, presented by Francesca Albanese, UN Special Rapporteur on the occupied Palestinian territories.

Finally, on Friday 24 May, the ICJ reaffirmed its previous orders and instructed Israel to immediately halt its military operations in Rafah and across the entire Gaza Strip.

True to form, the Israeli government not only disregarded these rulings but, on 26 May, ordered the bombing of a supposedly “safe” displacement camp where 100,000 Gazans had been forced to gather. The carnage was horrific, with dozens reportedly burned alive. A brazen insult to international jurisdictions, this act once again confirmed the Israeli government’s belief that it can do whatever it wants—even the unspeakable.

Yet this blatant contempt for repeated international demands blinds Israeli leaders to the fact that their escalating violations of international law are fuelling mounting criticism and will leave lasting scars. For now, they remain locked in a deadly downward spiral, failing to grasp that the consequences will harm their own future. The stated objective of eradicating Hamas is a smokescreen to conceal a deeper thirst for vengeance and annexation. Hamas may be weakened, but it cannot be eliminated. On the contrary, this policy is sowing the seeds of future vengeance among those devastated by the ongoing military operations, which seem to have no end in sight. Political reason, as even part of Israeli society is now demanding, calls for negotiations to begin without delay—aimed at securing a ceasefire, which would first allow for the release of hostages held by Hamas and of Palestinian political prisoners.

The risk is now clear: that international law and the institutions that uphold it could be torn to shreds, and that Gaza may become their grave. As long as firm sanctions are not applied, the sense of impunity will persist within the Israeli government, which will feel free to continue its policies.

And yet the balance of power is shifting—albeit too slowly, given the urgency—as illustrated by the recognition of the State of Palestine by three more European countries—Spain, Ireland and Norway—on 28 May 2024.

From this perspective, France’s policy is falling short of its responsibilities. Emmanuel Macron expressed outrage at the massacre of 26 May. Fine. But he continues to stubbornly refuse to recognise the State of Palestine, under the specious pretext that we must not act out of emotion. The now-famous “at the same time”… But what more must happen for clarity to finally prevail? Must we wait until half of Gaza’s population succumbs to bombardment, starvation and disease? President Macron argues that such recognition should occur at an “opportune moment,” as part of a process in which regional states and Israel are genuinely engaged in negotiation. In plain language, recognition is postponed indefinitely, since Israel categorically refuses any negotiation. And yet, as a permanent member of the UN Security Council, France would be returning to the fundamentals of its foreign policy and gaining stature by taking such a decision. Of course, it would not stop the war with the wave of a magic wand, but the political signal would be powerful—both to Western states and to the Global South. The latter, in particular, are outraged by the double standards they perceive in Western capitals and do not hesitate to bitterly condemn the differing treatment of the wars in Ukraine and in Gaza.

Likewise, Emmanuel Macron has been calling for a ceasefire in Gaza for several weeks—this is progress—but what concrete means has he proposed to achieve it?

However one approaches the ongoing tragedy, the urgent need to change the way the Palestinian question is addressed has become indisputable. Ending the long-standing impunity is now imperative. Benjamin Netanyahu’s government understands only power politics—it is time to act accordingly. In part, what is at stake now is the future of international law and the regulation of relations between states.