End of innocence

March 31, 2024

In Gaza, the situation has become urgent; with each passing minute, a child perishes from starvation while the international community looks on

End of innocence


I

n what seems to be the latest concern of international humanitarian watchdogs, the United Nations Committee on the Rights of the Child issued a statement on March 21, regarding children in Gaza, urging to “Halt the war now to save children from dying of imminent famine.”

This statement came in the light of the impending famine in North Gaza and the calamitous food insecurity that threatens others throughout the Gaza Strip. The UNCRC reaffirmed its demand for an immediate ceasefire stating that in Gaza, children are starving to death while being removed from food, and it is difficult to locate even fragments.

As well as aid and sustenance, the occupying power has obstructed or severely restricted access to basic necessities such as bread. The Gazan Health Ministry has reported that malnutrition and dehydration have been attributed to the deaths of 27 children in Gaza. Presumably, the actual mortality toll attributable to starvation is considerably greater. It is projected to increase. In Gaza, the situation has become urgent; with each passing minute, another child perishes from starvation while the international community watches.

The prevalence of acute malnutrition among children under the age of two in the Northern Gaza Strip has significantly risen from 15.6 percent in January to one in three, according to a nutrition screening conducted by UNICEF and its partners. The onset of famine in the northern governorates is imminent and is predicted by experts from the Integrated Food Security Phase Classification to transpire at any moment between now and May 2024. According to IPC’s Acute Food Insecurity Scale, approximately 1.11 million Gaza Strip residents, or half of the population, are projected to experience the most severe form of acute food insecurity in the four months preceding mid-July, should the conflict escalate, which could include a ground offensive in Rafah.

Consistently, the Committee has demanded an end to hostilities in Gaza. Earlier, in February, they had released another statement expressing concern for the situation of children in Gaza, which their latest statement emphasises, has significantly deteriorated. As the killing proceeds, children are perishing from avoidable starvation.

They cited the interim ruling of the International Court of Justice which was issued earlier this year on January 26, deeming “plausible” certain rights claims asserted by South Africa under the Genocide Convention, including deliberate actions such as blocking and restricting humanitarian aid that appear to be driven by the intention of physically destroying Palestinian children.

The UNCRC also highlighted the ICJ’s directive to Israel to “enable the provision of humanitarian assistance” and “prevent and punish direct and public incitement to commit genocide;” implement “every measure within its power to prevent the commission of all acts within the scope of article II of the Convention,” including the execution of group members; and “enable the provision of humanitarian assistance.”

Since the International Court of Justice’s order on January 26, more than 108 Palestinians have been killed and 178 injured daily in Gaza as of March 19; among them are minors. The imminent incursion into Rafah will further exacerbate the precarious circumstances, imperiling the lives of 600,000 children and expediting the approach of famine’s inflection point.

The Committee, in addition to reiterating its demand for the immediate release of the remaining children in captivity, urged all relevant entities — including the Security Council and the General Assembly — to establish an immediate humanitarian moratorium in order to safeguard the lives of hundreds of thousands of children. They urged member states to reinstate and augment financial support for the United Nations Children’s Fund. Additionally, they urged the reopening of several land border crossings to facilitate a substantial surge in aid distribution across the region, including to northern Gaza.

Targeting children can be a strategy to inflict deep, long-term damage on a community, going beyond the immediate horror of violence to erode the group’s ability to sustain itself across generations. 

States parties’ compliance with the Convention on the Rights of the Child and its Optional Protocols regarding the participation of children in armed conflict, the sale of children, child prostitution and child pornography are monitored by the CRC. Currently 196 states have ratified the Convention. The Committee consists of 18 members. They do not represent state parties and are independent human rights experts from around the globe. Each of them serves in an capacity.

T

he UNCRC’s statements concerning children in conflict zones such as Gaza during the ongoing Israel-Hamas conflict are critical on several fronts. These statements serve not only as an international call to action but also highlight the dire situation of children in conflict areas, emphasising the importance of upholding international law and protecting children’s rights under all circumstances. Here’s a detailed analysis:

Their latest statement draws global attention to the plight of children in Gaza, spotlighting the humanitarian crisis and the specific impacts on children. The UNCRC reminds states and non-state actors of their legal and moral obligations under the CRC. This includes ensuring the survival, protection, development and participation rights of children. The statement emphasises that even in times of conflict, children’s rights must not be neglected.

Such statements can lead to increased humanitarian aid and support for children in Gaza, including funding for food, shelter, healthcare and education. International NGOs and governments may respond with resources to address the urgent needs highlighted by the UN.

Highlighting the plight of children can spur diplomatic efforts and policy changes aimed at resolving the conflict. Countries and international organisations might intensify their negotiations with the parties involved, seeking a peaceful resolution to the conflict that prioritises the wellbeing of children. The international community, including the public, may exert pressure on parties to the conflict to adhere to international laws protecting children. This social and political pressure can lead to changes in tactics or encourage the parties to seek peaceful solutions to their disputes.

In the long term, the statement and evidence gathered in its wake could contribute to legal proceedings against those who violate children’s rights during the conflict. This could set a legal precedent and contribute to the broader field of international humanitarian law, reinforcing the protection of children in future conflicts.

The ongoing conflict and circumstances surrounding it continue to feed the notion of Israel’s genocidal methods. Children consumed by malnutrition, direct killings and disease bear the brunt of genocide. Children are uniquely vulnerable in conflicts as they represent the future of any group. Targeting children can be a strategy to inflict deep, long-term damage on a community, going beyond the immediate horror of violence to erode the group’s ability to sustain itself across generations. The harm done to children affects not only the immediate victims but also has profound psychological effects on the surviving population. It can also have a demographic impact on the group’s future.

While UNCRC’s statement does not directly accuse any party of committing genocide, the reference to the interim ruling of the International Court of Justice that found some rights claims under the Genocide Convention to be “plausible” suggests a level of concern that actions taken against Palestinian children could be within the scope of genocidal acts.

The mention of deliberate actions aimed at preventing the provision of humanitarian assistance underscores the severity and potential intent behind these actions.


The writer is an advocate of the High Court, a founding partner at Lex Mercatoria, and a visiting teacher at Bahria University’s Law Department. She can be reached at minahil.ali12@yahoo.com

End of innocence