The European double standard: The right to self-defense in times of genocide

Written By Politics4Her .

The world is observing the latest escalation of the 75-year Israeli apartheid with the ongoing atrocities targeting the Palestinian population in the Gaza Strip, meanwhile, the international condemnation of these actions seems more polarised than ever. With the International Court of Justice ruling on the 26th of January,  the call for a complete ceasefire once again fell short. How much leeway does a state have in asserting its sovereign right to self-defense before the international community steps in to put a stop to continuous actions of genocide, ethnic cleansing, and state-sponsored apartheid?

With the final ruling of the ICJ in the case of South Africa v. Israel on January 26th, no call for an immediate ceasefire was made, however, the court ordered Israel to refrain from committing actions that could fall under the genocide convention as well as make sure the safe entrance of humanitarian aid to the Gaza Strip. This order has caused great unease in the international community, which had hoped that, among these measures, a ceasefire would be issued. However positive a resolution in favour of South Africa's demands may have been, without a real call for a ceasefire nothing can be concretely done. More cruelly put, the ICJ resolution has only prolonged the suffering of the people of Gaza. The most notable measures are to be found in paragraph 5, where it is ordered that: "The State of Israel shall, pursuant to point (4) (c) above, in relation to Palestinians, desist from, and take all measures within its power including the rescinding of relevant orders, of restrictions and/or of prohibitions to prevent:

(a) the expulsion and forced displacement from their homes;

(b) the deprivation of:

(i) access to adequate food and water;

(ii) access to humanitarian assistance, including access to adequate fuel, shelter, clothes, hygiene and sanitation;

(iii) medical supplies and assistance; and

(c) the destruction of Palestinian life in Gaza” 

As of this date, the death toll surpasses 25.000 of Palestinians killed in the Gaza Strip. 70% are women and children, since the most recent escalation of Israel’s use of violence on Gaza, following the attack on October 7th. This number is nevertheless an underestimation, taking into account all the thousands of people still trapped in the rubbles of houses destroyed due to ruthless bombings. Amidst this ongoing tragedy, at least 1.876 families have lost several family members. By the day, the situation is worsening, with the last functioning hospital in Gaza with 95% of their staff having fled to Rafah due to the increased bombings by Israeli forces in Khan Younis. The Gaza’s Ministry of health report 170 killings in the last 24 hours and 310 wounded. The humanitarian crisis is further aggravated with the UNRWA fundings being cut, since last days allegations. 

The displacement of more than 1.7 million Palestinians in Gaza since October 7th is undoubtedly one of the most glaring indicators of the severity of the current situation in the strip. It is deemed the most extensive displacement of Palestinians residing in Gaza since 1948, amounting to 85% of the entire Palestinian population in the region. As Egypt tightens control over the Rafah crossing,–with Israel monitoring all its activity–leaving the enclave proves difficult, costly, and dangerous. The Rafah border has been crucial to Gaza's economy, serving as the primary transit point for goods and commerce, particularly since 2007 when Israel imposed land, sea, and air blockades. Since October 7th, the border has emerged as the singularly most important corridor for the delivery of humanitarian aid and other supplies, as well as for the evacuation of a limited number of Palestinians and foreign passport holders.

Restrictions of movement at the Rafah border and the closure of all Israel-controlled borders mean that most of the displacement in Gaza remains internal. However, the international community, notably the EU, is preemptively contemplating the implications of potential future international migration from Gaza. While in 2022, amidst Russia’s invasion of Ukraine, the EU swiftly established the Temporary Protection Directive for Ukrainian refugees, institutions such as the European Commission (EC) are now stepping up efforts to externalise EU borders and outsource the migration management of Palestinians to Egypt. In fact, in 2022 at the World Economic Forum, Margaritis Schinas–EC vice president for Promoting our European Way of Life–said that “the opening of borders to Ukrainian civilians had shown ‘Europe at its best.’” Conversely, last October Schinas expressed that “the European Union needs to work closely with Egypt to avoid an influx of refugees if the conflict deteriorated” in Gaza. This lays bare the differences in the treatments of different refugee populations; the othering of non-European refugees, blatant Islamophobia, and racial prejudice runs rampant even when there is no evidence of a current migration wave from Gaza to Europe. 

Western world leaders have been quick to proclaim Israel’s right to defend itself from ‘Hamas terrorists’, following the statements from among others the US President Joe Biden and European Commission President Ursula von der Leyen. In fact, the president herself on her personal X account, formerly Twitter, posted a tweet saying "I stand with Israel" even before the European institutions issued a formal communiqué. Watching the unfolding of Israel’s violent response and clear collective punishment of civilians, we are condemn the double standard comparing the reaction from the world when Russia attacked Ukraine in February of 2022. Meanwhile, Ukrainians fighting the Russian 2022 invasion are viewed as fighting not only against Russia but also for the protection of Europe as a whole, the response has been very different regarding Palestinians currently falling victims to the oppressing powers of  Israel and the West’s inaction. 

The EU’s attitude towards potential migrants from Gaza exists beyond humanitarianism; it is political, as it serves to shape its posture towards the ongoing genocide and reassert its overarching support for Israel’s so-called “right to defend itself.” While the EU quickly and unanimously condemned Russia’s indiscriminate attacks on civilians and called for the respect of Ukraine’s territorial integrity,  the process of condemning Israel’s use of grave violence against civilians in Gaza has been slower and more divisive. Only on January 18th, 2024–after three months of consecutive tragedy in the strip–did the European Parliament call for a ceasefire under the conditions of dismantling Hamas and releasing all hostages. 

The amendments, however, have distorted the text to make it, in the words of Irish MEPs Mick Wallace and Clare Daly of Independents 4 Change, an "indefinite licence for genocide" that "Israel will take as such". In addition, the European People's Party made its vote in favour of the amendment conditional on the introduction of a demand "provided that all hostages are immediately and unconditionally released and the terrorist organisation Hamas is dismantled", which has disfigured the agreement.

An urgent call for action

We urgently want to bring attention to the situation of Ula ElHindi, our sister, friend and a valued member of our team. Ula is an exceptional young Palestinian feminist activist, who has been engaged in her community and beyond. The goal of her work has always been to contribute to the empowerment of women in the besieged Gaza Strip through various initiatives: she is the co-founder of MeTooGaza, a dynamic part of the UN’s peacebuilders program in the Arab States and a 2022 fellow at the US Department of State Peace and Conflict Resolution at George Mason University.

Ula finds herself at further risk in staying on Palestinian territory and is currently facing dire circumstances when it comes to accessing and meeting basic needs such as food, sanitation, and stability of communications.

Following the events of October 7, Ula and her family were forced to leave their once-beautiful home, which sustained damage from bombings in western Gaza. Subsequently, they sought refuge in southern Gaza but have been forced to evacuate four more times due to ongoing threats. Presently, they find themselves in Rafah, in constant danger as the situation worsens and Israel continues to bomb multiple regions where internally displaced civilians have set camp and are seeking shelter.

With every day that passes, not only are they struggling to access vital resources, but they also have nowhere to go as Israel is currently bombing Khan Younis, previously stated a ‘safe zone’.

We've launched this fundraising campaign to help Ula cross to safety and support her family. We call on our partners, our fellow feminists and civil society actors, we call on refugee defenders and capable authorities and organizations to help support our sister Ula in escaping the terror of being displaced and under threat of ethnic cleansing and genocide.  

Every contribution makes a significant difference, no matter the size. Please donate, share, and advocate. Help us help Ula!

Link to the fundraiser: https://www.gofundme.com/f/help-ula-escape-gaza-strip 

Politics4Her .
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