Violations of International Humanitarian Law by the Israeli Army against Palestine

The threats and persecution given by Israeli soldiers to Palestine constitute violations of the Third Geneva Convention 1949 and the Fourth Geneva Convention 1949, as stated in the first paragraph of Article 13 of the Third Geneva Convention 1949: “Prisoners of war must be treated humanely and all acts contrary to law or which result in death or seriously endanger the health of prisoners of war are prohibited and shall be regarded as serious breaches of the present Convention.

In addition, such acts of captivity and persecution are serious violations of several instruments of international humanitarian law, namely violations of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict Additional Protocol I to the Geneva Conventions of 1977 relating to the Protection of Victims of International Armed Conflicts. Criminal sanctions that can be imposed through the ICC under point 5 “The Declaration on the Protection of Women and Children in Emergency”, acts of oppression and cruel and inhuman treatment of women and children including imprisonment, murder torture, shooting, mass arrests, rape, destruction of dwellings and forcible eviction perpetrated in warfare.

Law Enforcement by the UN in Handling Cases of Israeli Attacks on Palestine

International law is a horizontally integrated legal system, where one state or international organization relates to each other. As a subject of international law, the State has sovereignty recognized by international law.

Israel is responsible for the damage and losses suffered by the Palestinian people. Israeli courts do not allow foreign legal systems, especially International Humanitarian Law, in their courts. Israel is a partner of the United States in the Middle East, the political closeness between the United States as a member of the UN Security Council and Israel, raises polemics in the enforcement of International Humanitarian Law. Thus, the ICC is the right party to enforce international humanitarian law and prosecute war crimes committed by Israel, with the approval of the UN Security Council, which has 15 members and has 5 permanent members.

The ICC can prosecute a violation of International Law through jurisdiction if the crime committed is a crime against humanity, genocide and war crimes with two conditions, namely the crime was committed by a citizen of a UN member state, or a territory of a UN member state or a country that has accepted the jurisdiction of the International Court of Justice and the crime was referred by the ICC prosecutor through the UN Security Council based on a resolution adopted by the UN.

The Role of the Indonesian Government in Diplomacy in Handling the Israeli-Palestinian Conflict

The Indonesian government often supports Palestine through international organizations and movements. The Indonesian government invites UN member countries, the Organization of Islamic Cooperation (OIC), the Non-Aligned Movement (NAM), and the Association of Southeast Asian Nations (ASEAN) through diplomatic channels to continue to remember and emphasize what is happening in Palestine. The Indonesian government also encourages other countries to take concrete actions to help end the occupation in Palestine. The Indonesian government's goal in this case is as stated in the first and fourth paragraphs of the 1945 constitution, namely in order to abolish colonialism in the world and maintain global order.

When Indonesia became a non-permanent member of the UN Security Council from 2007 to 2008, Indonesia always tried to fight for the protection and guarantee of the rights of Palestinian citizens through the UN. In the UN arena, Indonesia plays an active role in promoting the resolution of the Israeli-Palestinian conflict. As a member of the Human Rights Council, Indonesia encourages the holding of a Special Session The Human Rights Council was held on January 9 and January 12, 2009.

Indonesia was one of the main initiators of the UN General Assembly Special Session on January 15-16, 2009, which discussed the Palestinian issue. Indonesia took swift action in responding to a controversial statement from an American President, Donald Trump. President Jokowi assigned the Minister of Foreign Affairs to immediately go to Jordan, Lebanon, Europe and Turkey. Indonesia immediately condemned Donald Trump's unilateral statement which hampered the ideal of a two-state peace. Various forms of Indonesia's real support for Palestine are strengthening the support of Asian-African countries for Palestine's capacity through the commemoration of the 60th anniversary of the Asian-African Conference (KAA).

Peace Diplomacy by Indonesia

In the Israeli-Palestinian conflict, Indonesia has consistently provided material assistance to civilian victims of the conflict. It continuously voices human rights and the right to Palestinian independence in international negotiations. Peace diplomacy, which continues to be promoted for Palestinian independence, is expected to attract sympathizers from other countries, so that they can collaborate in resolving this complex conflict.

The support provided cannot be separated from the attitude of humanity which is reflected in the second principle of Pancasila. The assistance provided by Indonesia does not only come from the government, but also from the Indonesian people. Indonesia actively mediates the Israeli-Palestinian conflict. The conflict is constantly alluded to and voiced in international meetings, especially discussions on human rights violations.

Regarding the Israeli-Hamas conflict, Indonesia also urges the UN Security Council to immediately: (1) make a joint call for an immediate ceasefire; (2) prioritize humanitarian access; (3) humanity must be returned to the UN Security Council. Even though it has been implemented, it is important to note further that Indonesia has a secret relationship with Israel. This relationship is not only in the context of economics but also involves the intelligence field.

Indonesia's Free and Active Foreign Policy in relation to Handling the Israeli-Palestinian Conflict

In the aspect of foreign policy, Indonesia's attitude towards the Palestinian-Israeli conflict also influences relations with other countries, especially Israel and its allies. Although Indonesia does not have formal diplomatic relations with Israel, Indonesia is trying to mediate and support peace efforts in the Middle East through participation in international forums and cooperation with other countries. Indonesia plays an active role in fighting for peace between Palestine and Israel by raising the Palestinian issue at the UN level. One of the efforts made was through talks with European countries, especially France, to encourage the issuance of an ultimatum to Israel to realize peace with Palestine.

The foreign policy during Joko Widodo's administration, Minister of Foreign Affairs Retno Marsudi put forward a policy for handling the Israeli-Palestinian conflict in “Priority 4+1”. The main priority is economic diplomacy, the second is protection diplomacy, sovereignty and national diplomacy is the third priority, the fourth is the active contribution of foreign policy in the region and globally, and strengthening infrastructure is the plus one priority. Based on the fourth priority, Indonesia is clearly able to play an active role in foreign policy in the region and globally, where in 2018, Indonesia was elected as a non-permanent member of the UN Security Council for the period 2019 to 2020. Indonesia continues to be committed to defending Palestine in the face of massive attacks by Israel which began again in October 2023.

Indonesia calls for unity among countries to focus on liberating Palestine through two state solution as a solution. For example, the Inter-Parliamentary Cooperation Agency of the Indonesian Parliament issued a statement that the safety of civilians must be prioritized.

Indonesia's Non-mediation Role in the Israeli-Palestinian Conflict

Indonesia's handling of the Israeli-Palestinian conflict so far has taken a non-mediation role which can clearly be interpreted as a policy of appeals and condemnations through multilateral forums. This non-mediation role means that Indonesia is unable to directly contact the Israeli side because Indonesia does not have diplomatic relations. There are political and historical reasons why Indonesia cannot open diplomatic relations with Israel. The non-mediation approach has been adopted by Indonesia since President Soekarno during the era of the United States of Indonesia, when Mohammad Hatta served as Minister of Foreign Affairs and concurrently as Prime Minister. After the transfer of sovereignty through the Round Table Conference (KMB) in 1949, President Chaim Weizzmann and Prime Minister David Ben-Gurion sent congratulations to Indonesia and officially recognized the sovereignty of the Republic of Indonesia in 1950. Mohammad Hatta responded well to Israel's response, but without reciprocal recognition of the establishment of the State of Israel since May 14, 1948.

Indonesia's Participation in Overcoming Palestinian Security

Most Indonesians feel sympathy for the Palestinian people and condemn Israel's actions in the conflict. Demonstrations and solidarity campaigns for Palestine are often held in various cities in Indonesia. This shows strong support from civil society for the Palestinian people.

Indonesia's role in the Israeli-Palestinian conflict is related to the support of the Indonesian National Army (TNI) for government policies to the establishment of an Indonesian hospital in Palestine, which is an urgent matter to be implemented continuously. The prolonged oppression and cruelty carried out by Israel against the Palestinian people has not yet been resolved internationally. The re-emergence of the conflict between Israel and Palestine on October 7, 2003, was specifically marked by Hamas attacks on Israeli targets.

TNI support is also reflected in various diplomatic efforts and humanitarian assistance. The TNI plays an active role in supporting foreign policy regarding the Israeli-Palestinian conflict through participation in UN peacekeeping missions, sending humanitarian assistance, in monitoring and maintaining peace in conflict areas. The TNI is able to strengthen Indonesian diplomacy by increasing Indonesia's reputation as a mediator and regional leader who is active in peace and humanitarian efforts in the world.

In addition to the aforementioned mediation and diplomacy, Indonesia has also played an active role in continuing to provide humanitarian assistance to Palestinians affected by the conflict, in the form of money, basic food supplies, clothing, medicines and other medical equipment.

The public is also boycotting products affiliated with Israel. Boycotting is an act of rejecting certain products or groups because of opinions or actions that are not socially and morally acceptable. The public is able to contribute to defending Palestine by boycotting products affiliated with Israel and making the public more aware of various local products with better quality than products affiliated with Israel.

References

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