‚Steadfast and Unreserved‘ - Is Germany in Breach of its Obligation to Ensure Respect for International Humanitarian Law?

Abstract

On 24 November 2023, the Barcelona City Council passed a resolution, suspending diplomatic ties with Israel, until a permanent ceasefire is established. While this may not reflect the stance of the Spanish government, it has nevertheless condemned ‘the indiscriminate killing of innocent civilians’. As more EU States (such as Belgium, France, and Ireland) have raised their concerns regarding Israel’s continuous military operations in Gaza, Germany has remained steadfast in its ‘unwavering’ and ‘unreserved’ support for Israel. To the extent that Israel has failed to comply with international humanitarian law (IHL), Germany’s position might amount to a breach of its obligation under common Article 1 (CA1) of the 1949 Geneva Conventions (GC) to ‘ensure respect’ for IHL. While this obligation is incumbent on all States parties to the GC, this post focuses on Germany due to its particularly affirmative position with respect to Israel’s conduct.

Keywords

• Geneva Convention
• International Humanitarian Law
• Israel-Gaza War
• Israel-Hamas War