LETTER | Opposed to Hamas doesn’t mean one is against Gaza

LETTER | It may seem odd to some and difficult to conceptualise, but saying Hamas is a terrorist does not mean you stand against Gaza.

Again, I would like to express my opinion as a person named Akbar, who my late father gave me, rather than a person who just happens to be a Muslim.

As I mentioned before, the act of Hamas killed thousands of Israeli civilians, without a doubt, a crime against humanity and there is no defence to support this barbaric act by any chance.

Palestine is a state party to the Rome Statute of the International Criminal Court, the crimes against humanity committed by Palestinians, for the attack and the hostage-taking, would be reviewed and investigated by the Office of the Prosecutor.

It is a fact that Hamas’s war crimes failed to be justified by any prior war crimes by Israel, nor either Israel’s response to such crimes, which must abide by international law, governed by fundamental principles of the causes espoused constitute under the Geneva Convention, Additional Protocol I.

I remember Aharon Barak, one of the greatest jurists of Israel, once said, that the price of democracy is, that we fight our enemies with one hand tied behind our back, which truly reflects the humanity of the law and I believe, with this statement also echo the Jewish value as well.

As the conversation progresses everywhere, including in social media and the world watch, ever since the Hamas attack on Oct 7, I realise, it is a big question to ask who deserved more badly to bear the pain and consequences.

Nonetheless, I tried to be objective and at the same time, realise I am also a human being, but so conscious to articulate what is happening.

The United Nations secretary-general has made unequivocally clear, that the Hamas attack can never justify the collective punishment by Israel, demanding the humanitarian law prevail.

It is under international law for the armed party to distinguish between civilians and the military objective, which means the prohibition of attacks on civilians with regard to the method of prosecution.

The armed party must estimate the prospective damage and take feasible precautions to minimise harm towards civilians in the means enabling the military objective, even though, I feel, the idea of payback is not a legitimate military objective under any circumstances.

Gaza belongs to almost two million people, significantly children, who have been blockaded for decades, and are now being completely seized, absolutely against international humanitarian law.

Furthermore, the instruction of Israel towards the Palestinians to immediately leave Gaza City, coupled with the cut of basic needs such as food and water contradicts the international humanitarian law, instead, this evacuation by force possibly constitutes a crime against humanity.

It is, I would like to reiterate that any intentional attack towards civilians considered into the military objectives, in the knowledge will result in severe damage, is a severe violation of the customary international law, together with the evidence of damage towards infrastructure, loss of life, injury and violence towards women and children of Gaza.

Israel’s military forces that had happened in Gaza and the West Bank, alarming the occurrence of genocide towards Palestinians and fall under the International Criminal Court investigation.

Under these incidences, the international community needs to refrain from assisting the violence that is known, as it is interpreted by preventing violation by other parties.

The international community should call for a ceasefire, secure the return of the hostage, and freeze the export of weapons to Israel at the risk of violating international humanitarian law.

Both Israelis and Palestinians deserve peace and safety, under Article 1 of the UN Charter - which ensures fundamental human rights.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.