Huge gap between declared principles of international law and its application, says legal expert

There is a huge gap between the declared principles of international law and its actual application, a legal expert has told a major conference in London. Former UN Special Rapporteur Professor Richard Falk said that this is “particularly obvious” in cases involving global superpowers. The Professor Emeritus of International Law at Princeton University and Chair of the Board of Trustees at Euro-Med Human Rights Monitor made his comment at the annual conference of the Palestinian Return Centre titled “Genocide: The Global Responsibility Towards Gaza” on Saturday.

Falk criticised the selective enforcement of legal frameworks. “International law,” he said, “is often manipulated to reinforce domination rather than uphold justice.” He highlighted Washington’s use of its UN Security Council veto to shield Israel from accountability.

Chairing the first session, international criminal and human rights lawyer Heidi Dijkstal emphasised the gravity of genocide under international law, highlighting the legal obligations set by the 1948 Genocide Convention. She also pointed out the political obstacles hindering the effective implementation of international law.

Dr Nimer Sultany addressed the double standards in prosecuting genocide. The Reader in Public Law, SOAS University of London, compared the swift legal action against Myanmar with the international community’s reluctance to act against Israel.

Discussing how international law is “reinterpreted to justify attacks on civilians,” Neve Gordon, Professor of International Law, Queen Mary University of London, examined how hospitals and schools are reclassified as military targets and how the “human shield” argument is exploited to shift blame onto victims.

The session was rounded off by a Palestinian-American lawyer specialising in international law who emphasised the consensus among international law experts that Israel’s actions in Gaza constitute genocide.

Lara Alborno referenced scholars such as Professor Raz Segal, who described Israeli policies as a ‘textbook case of genocide.’

Alborno also criticised Western media for framing the issue as a “legal debate” rather than recognising the “clear evidence of mass atrocities.”

Genocide in Gaza: MEMO in Conversation with Raz Segal

In the second panel session — “Voices from Gaza: First-hand Accounts of Reality and Resilience” — the speakers were Dr Mads Gilbert, Anaesthesiologist and Professor of Emergency Medicine, University of Tromso, Norway; Dr Youssef Abu Rish, Minister of Health, Gaza; Dr Ahmed Makhlalati, Academic and Palestinian Affairs Researcher; Ahmad Al-Nawq, Palestinian journalist covering Gaza; and Dr Wissam Amer, Dean, Faculty of Communication and Languages, Gaza University.

Dr Gilbert chaired the session and opened with a sobering overview of the devastation in Gaza, where 69 per cent of civilian infrastructure has been destroyed, along with 80 per cent of commercial facilities; 68 per cent of the road networks have been damaged; 91 per cent of the population face food insecurity; and 1.9 million people are in urgent need of shelter.

He stressed that Gaza’s healthcare system has been devastated, with 22 out of 38 hospitals out of service, and over 500 medical workers killed.

He described the situation as a ‘systematic genocide’ targeting the very means of survival in Gaza.

Al-Shifa Hospital and the Indonesian Hospital in Gaza remain operational due to local efforts and donations despite continuous Israeli attacks, explained Dr Abu Rish. He warned of an imminent humanitarian catastrophe if immediate action is not taken to lift the siege and allow medical aid into Gaza.

Journalists have been targeted by the occupation state systematically, said Ahmad Al-Nawq, in order to suppress truthful reporting. The international media has been banned from entering Gaza. Al-Nawq urged greater international support for independent journalism in the enclave.

With women and children prominent among the tens of thousands of Palestinians killed and wounded by Israel’s genocide, Dr Amer spoke about the impact of war on education. “Over 50 per cent of Gaza’s educational institutions have been bombed, leading to the suspension of education across much of Gaza,” he pointed out.

The speakers in the session concluded that Palestinians need more than sympathy; they need “tangible action, including political pressure, legal advocacy and reconstruction support.” This point was addressed in the third session under the heading “International Solidarity – Turning Advocacy into Action”.

Speaking in the third session exploring how global solidarity can translate into real action through legal measures, boycott campaigns and media advocacy, Senior Lecturer in Palestine Studies Dr Nadia Naser-Najjab stressed that Palestine is a global issue, citing international complicity in Israel’s colonial project since the 1917 Balfour Declaration.

She criticised so-called ‘soft normalisation’ initiatives that attempt to dilute Palestinian resistance under the guise of ‘dialogue and coexistence’.

Amnesty International’s genocide report on Gaza, explained Gracia Caricchia, had received 1.25 million social media engagements, 365,000 petition signatures and actions in 21 countries. Legal efforts to hold Israel accountable, added Mira Nasir, include official complaints filed with the Metropolitan Police in London against British and Israeli officials for war crimes; lawsuits against the UK government over arms sales to Israel; and calls for an immediate arms embargo on Israel due to its violations of international law.

In terms of other action, Digital Content Producer for Code Pink, Nuviret Kalra, explained, the power of economic boycott campaigns cannot be over-emphasised.

They expose corporations like McDonald’s, which provided free meals to Israeli soldiers during the war

she told the conference.

The panel called for sustained political, legal, and economic action to support Palestinian rights, including increased political and diplomatic pressure on governments supporting Israel; the prosecution of Israeli war criminals at national and international levels; the expansion of the peaceful BDS (Boycott, Divestment, and Sanctions) campaigns against companies complicit in Israeli war crimes; and the strengthening of independent media efforts to counter Israeli disinformation.

READ: Egypt calls on EU to support Gaza reconstruction plan without displacing Palestinians