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Resolution of the Council of the DGIR on the war between Israel and Hamas

Resolution

17.11.2023

The Council of the German Society for International Law adopted the following resolution at its meeting on 17th November 2023:


„The massacre perpetrated by Hamas on 7th October in the South of Israel and the war between Israel and Hamas, which has in a short period of time led to numerous fatalities and even more injuries on both sides, are appalling. The Council of the German Society for International Law underlines the significance of adhering to international law and the protection of the civil population. Specifically this means:


  1. The criminal massacre by Hamas is to be condemned as a violation of fundamental human rights and international humanitarian law and is absolutely unjustifiable.


  2. Hamas is obliged to unconditionally release all of the hostages it is holding. Until their release, Hamas is responsible for their life, their integrity and their treatment.


  3. In the context of its self-defence, Israel is obliged to ensure that its offensive on the Gaza strip is proportionate.


  4. In the military conflict all sides are obliged to comply with the provisions of international humanitarian law on the protection of civilians and protected sites, in particular hospitals.


  5. In the context of Resolution 2712 (2023) of the UN Security Council, for as long as the armed conflict endures, both sides must facilitate longer pauses and the provision of corridors.


  6. Following a ceasefire, the civil population must be able to return and Gaza must be rebuilt. In the long term, the aim must be to work towards a peaceful resolution to the Middle East conflict that is compatible with international law and in particular the law of self-determination of all participating parties.“

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