International humanitarian law (IHL) does not only oblige States who are directly engaged in an armed conflict to fulfil their obligation to respect its rules and principles during the conduct of hostilities and take measures to stop violations. IHL also places an obligation on all State Members to the Geneva Conventions to ensure respect and take measures to stop violations. The unfolding events in the Palestinian territory, occupied by Israel, specifically after Hamas’ attack on Israel, have clearly attracted the attention of many international law researchers and scholars. Some tried to defend Israeli bombing campaigns on Gaza, the starvation of its 2.3 million people and the imposing – rather tightening – of a total siege, justifying such actions under the principles of proportionality, distinction and the obligation to warn. Importantly, the discussions went on to look at self-defence, humanitarian access of relief aid and the classification of the conflict.
Yet none of the authors of these posts discuss obligations on their own countries, particularly those who are recognizing the right of and even aiding Israel’s assault on Palestinians and their mass killings. The discussion, as of yet, has not brought the matter of States’ obligations to ensure respect for international humanitarian law in connection to Palestine. This post seeks to contribute to the discussion by considering the position of non-belligerents under Common Article 1 of the four Geneva Conventions. It starts with an overall view on the situation and moves to analyse and apply Common Article 1 on the unfolding events in Palestine. This post finally ends with a description of the needed urgent actions.