The International Bar Association’s human rights institute (IBAHRI), which is co-led by UK lawyers, has called for an immediate ceasefire in the Israel-Hamas conflict, together with the creation of humanitarian corridors and civilian safe havens.
‘If one party does not adhere to the rule of law, a green light is not given to the other side to ignore the laws of armed conflict,’ IBAHRI added in a statement yesterday signed by co-chairs Mark Stephens CBE, Baroness Kennedy KC and Swedish bar chief Anne Ramberg.
On 7 October IBAHRI condemned Hamas’s atrocities and acknowledged Israel’s right to self-defence.
‘The IBAHRI’s position on the unfolding situation in Israel/Gaza is premised on international law,’ yesterday’s statement read. ‘On this basis, the IBAHRI firmly reminds all parties to the conflict:
-
that the principle of proportionality applies to all uses of military force, irrespective of the rationale of resorting to military force;
-
that the humanitarian law principles of distinction (this means distinguishing between military and civilian objects, and the duty to protect the latter) and proportionality are sacred, and must be complied with at all times; and
-
that international human rights law and international criminal law continue to apply in armed conflict, alongside international humanitarian law.
‘These are well-established principles of international law, rooted in the imperative to take every and all measures necessary in order to protect human life and uphold human dignity, even in war. They need to be followed in the interest of us all, including Israelis and Palestinians. This means that if one party does not adhere to the rule of law, a green light is not given to the other side to ignore the laws of armed conflict.’
