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Israel's impunity threatens the international liberal order

by İhsan Faruk Kılavuz

Aug 27, 2024 - 12:05 am GMT+3
Soldiers lock a gate from the inside at the controversial Sde Teiman detention facility, after Israeli military police arrived at the site as part of an investigation into the abuse of a Palestinian detainee, near Beersheba, southern Israel, July 29, 2024. (Reuters Photo)
Soldiers lock a gate from the inside at the controversial Sde Teiman detention facility, after Israeli military police arrived at the site as part of an investigation into the abuse of a Palestinian detainee, near Beersheba, southern Israel, July 29, 2024. (Reuters Photo)
by İhsan Faruk Kılavuz Aug 27, 2024 12:05 am

Despite surfacing records of mistreatment and torture of Palestinian detainees at Sde Teiman Prison, international authorities have yet to take action against the Israeli government

“Give us what we need, and let us finish this quickly.”

When Israeli Prime Minister Benjamin Netanyahu made this statement in the U.S. Congress, it reflected more than just a call for military support from the West. It emphasized a demand for political backing from international actors, or at the very least, a request not to obstruct Israel’s actions.

Western governments and much of the international community have long ignored Israel’s breaches of international law, effectively granting it impunity. This perceived immunity has allowed Israel to routinely violate international norms with a growing sense of confidence, making such breaches a standard state policy since its inception.

Among Israel’s numerous international law violations, the most glaring are its state-sanctioned genocide and other war crimes. Such severe breaches would normally provoke concern from the international community and judicial bodies. However, Israel’s support from the international community has encouraged it to carry out these violations more openly and audaciously, challenging the global liberal order.

A lawless blackhole: Sde Teiman Prison

A particularly notable recent example of Israel’s breaches of international norms is the exposure of torture and mistreatment of detainees at Sde Teiman Prison, a segment of the military facility where Palestinians from Gaza have been held since Oct.7.

Recent reports highlight severe mistreatment and torture, including the gang rape of a detainee by nine soldiers. This incident has drawn renewed attention to the prison, but abuses have been ongoing since the Gaza conflict began.

An investigative report by CNN on May 11, based on testimonies from Israeli whistleblowers and former detainees, detailed widespread abuse at Sde Teiman, including physical restraints, beatings, medical neglect and humiliating treatment. U.N. reports have documented additional forms of torture, such as electric shocks and waterboarding. These practices have led to the deaths of approximately 36 Palestinians at the prison.

Sde Teiman’s practices breach international standards against torture and degrading treatment, making Israel liable under international law. As a signatory to both the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), Israel is obligated to uphold prohibitions against such acts. Additionally, these actions qualify as war crimes under the Rome Statute and customary international humanitarian law, warranting prosecution by the International Criminal Court. Consequently, the State of Israel, along with all Israeli officials involved or complicit with these criminal acts, is legally accountable for these violations.

Israel’s incessant war crimes

Israel’s assassination of Hamas political bureau chief Ismail Haniyeh in Tehran was a horrendous instance in its track record of targeted killings in other countries. This act, which targeted a significant figure involved in cease-fire and peace talks, not only demonstrated Tel Aviv’s unwillingness to pursue a political solution but also violated international legal norms.

The attack on Haniyeh in Iran is classified as a "crime of aggression," which international law considers a war crime. This crime is defined as one state’s use of armed force against another state’s sovereignty, territorial integrity or political independence in violation of the U.N. Charter. Such acts are prohibited by the U.N. Charter and recognized as war crimes under the Rome Statute and customary international law.

This incident violated Iran’s sovereignty and territorial integrity, as it targeted a guest under diplomatic protection and occurred on Iranian soil. The crime of aggression specifically concerns the unlawful initiation of conflict rather than actions within an existing conflict. In this case, Tel Aviv’s provocative move, which seems intended to provoke a confrontation with Iran, meets the criteria for the crime of aggression.

On the other hand, Israel cannot justify this action as self-defense, which only applies when a state is actively under attack, and the response is proportional to repel that attack. The assassination did not aim to prevent an imminent threat to Israel. Additionally, Israel’s assertion that the attack was not carried out by air does not lessen or eliminate the crime of aggression. International law does not require a specific method of attack to qualify as aggression; any attack on another sovereign state is considered a violation, regardless of the means used.

Therefore, Israel must be held accountable under international law for this politically motivated assassination carried out through a direct attack on Iranian soil.

Time to curb Israel’s aggression

The impunity granted to Israel has evolved into a dangerous dimension, increasingly threatening the foundational pillars of the liberal international order. The West, led by the United States, is turning a blind eye to the political fantasies of Israel’s far-right government, driven by theocratic motivations.

The international community’s response to Tel Aviv’s attempts to escalate the conflict in the region has so far amounted to nothing more than ineffective warnings that the region is on the brink of widespread war and that actors should tread carefully. However, international actors understand that unless political, judicial, and even military measures through the U.N. Security Council are taken to curb Israel’s aggression, the flames engulfing the Middle East will spread to other parts of the world, further destabilizing the already fragile liberal international order.

Therefore, ending the encouragement of war criminals by applauding loudly and taking concrete steps against their war on fundamental human values is an indispensable historical responsibility for every actor committed to maintaining global peace. In conclusion, it must be acknowledged that the threat in the region is not directed toward Israel but rather that Israel poses a threat to other regional actors and, ultimately, to global peace.

It is time to end Israel’s impunity or else the Jewish state’s hubris, genocidal actions and recurrent provocations create a powder keg, whose first victim will be the international liberal order, which already is becoming less liberal, less global and definitively less orderly.

About the author
Researcher at TRT World Research Centre
The views and opinions expressed in this article are solely those of the author. They do not necessarily reflect the editorial stance, values or position of Daily Sabah. The newspaper provides space for diverse perspectives as part of its commitment to open and informed public discussion.
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