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this post was submitted on 25 Oct 2023
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@HappycamperNZ
It's not a food fight. Deliberate starvation is against international law..
I don't know what you "studied formally" but either you misunderstood what it means to consider the effects on the civilian population, or the person teaching you was some kind of monster.
Reading your link - deliberate starvation of civilians with intent to cause civilian harm or death, or eliminate a part of the population is indeed a war crime.
Also quoted from your link - a blockade is only intended to remove resources from adversarial forces, impediment of humanitarian aid is incidental harm. They key difference here is intent, and with Hamas seizing aid crossing the border and not distributing it any reasonable person would agree that it is stopping supplies to opposing forces.
Does it suck for civilian population - absolutely. But its not a war crime. Personally I think a coalition of multiple countries needs to go in and remove hamas, get aid set up for the civilian population and then investigate crimes on both sides - but that's not going to happen.
@HappycamperNZ I think you have an eccentric interpretation of international law that is contrary to most expert opinion. Which is fortunate because starving civilian populations for any reason is a gruesome thing to do and is quite rightly illegal.
Starving the civilians in this context is widely seen as illegal. Here are some examples of legal consensus opinion I found from a quick google:
The UN Human Rights Council Israel/Gaza: UN experts urge lawyers advising Israeli military to refuse legal authorisation of actions that could amount to war crimes
The ICJ Israel/Occupied Palestinian Territory: immediately end attacks on civilians
Center For Constitutional Rights, US Rights Lawyers Release Legal Analysis of U.S. Complicity in Israel’s Unfolding Genocide Against Palestinians in Gaza
Second article on this
CFR: What International Law Has to Say About the Israel-Hamas War
Legal opinion in Jurist Hamas Atrocities Cannot Rationalize the Starvation of Civilians
Legal professor quoted in Deutschwelle who sums up consensus Israel, Gaza: What are the rules of international law?
I accept that you will easily be able to point me to competing positions, largely from Israelis and Americans, but I think you should be aware that these are in the minority.