[News] Israeli Plans to Pump Seawater into Alleged Tunnels under Gaza Could Render it Uninhabitable and Destroy Historical Cultural Heritage Sites

Anti-Imperialist News news at freedomarchives.org
Tue Dec 19 10:49:41 EST 2023


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*Israeli Plans to Pump Seawater into Alleged Tunnels under Gaza Could 
Render it Uninhabitable and Destroy Historical Cultural Heritage Sites

/To read this report on our website, click here. 
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Since 7 October 2023, Israel has waged a genocidal campaign 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=f44cba3dde&e=08c14cf485> 
against the Palestinian people in the Gaza Strip, preceded by explicit 
statements of intent by Israeli political and military officials 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=5ceeca3aac&e=08c14cf485> 
– a critical constitutive and distinctive element of the crime of 
genocide. A key feature of Israel’s ongoing military aggression against 
2.3 million Palestinians in Gaza is the escalated weaponisation of 
water, among other necessities vital for the survival of the population. 
Israel declared total warfare on Gaza’s civilian population, including 
by announcing 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=78755bf58a&e=08c14cf485> 
a complete siege on Gaza, and employing 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=809cb0577c&e=08c14cf485> 
starvation and thirst as a method of warfare.

Referring to Palestinians in Gaza as “human animals”, Israeli Defence 
Minister, Yoav Gallant stated 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=647007f619&e=08c14cf485> 
on 9 October 2023, “[w]e are imposing a complete siege on Gaza. There 
will be no electricity, no food, no water, no fuel. Everything is 
closed”. In a similar vein, May Golan, the Minister for the Advancement 
of the Status of Women of Israel, also stated 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=534ae6d21c&e=08c14cf485>, 
on 7 October 2023, that “[a]ll of Gaza’s infrastructures must be 
destroyed to its foundation and their electricity cut off immediately”, 
adding that, “[t]he war is not against Hamas but against the state of 
Gaza”. The former head of the Israeli National Security Council, Giora 
Eiland, stated 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=4ebe9e2be7&e=08c14cf485>, 
“Israel should not allow any economic assistance. The people should be 
told that they have two choices; to stay and to starve, or to leave”. 
Eiland goes further by outlining a contingency plan in the case that the 
Israeli-imposed energy shortage in Gaza did not prevent Palestinians 
from accessing desalinated water sourced from wells in Gaza. He said 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=2364a5e4f2&e=08c14cf485>: 
“If the energy shortage in Gaza makes it so that they stop pumping out 
water, that’s good. Otherwise, we have to attack these water treatment 
plants to create a situation of thirst and hunger and I would say, 
signal an unprecedented economic and humanitarian crisis”.

As the military offensive approaches its 11-week mark, Israeli officials 
have acted on these genocidal statements with impunity and blanket 
support from several Third States, including the United S 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=88dea07247&e=08c14cf485>tates 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=39925a9db3&e=08c14cf485> 
(US); creating a humanitarian crisis in Gaza that international 
humanitarian organisations have labelled ‘unprecedented 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=18d4af860c&e=08c14cf485>’. 
Widespread and systematic attacks against Gaza’s civilian population and 
infrastructure have resulted in the killing 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=10bd82578b&e=08c14cf485> 
of at least 19,453 people, 70% of whom are children and women; the 
destruction or damage 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=42161a8d65&e=08c14cf485> 
of over 60% of all Gaza’s housing units; and the displacement 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=e3b3b8cfad&e=08c14cf485> 
of around 1.9 million Palestinians, nearly 85% of the population. 
Simultaneously, targeted attacks on hospitals and the blocking of fuel 
and electricity have crippled the healthcare system in Gaza, rendering 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=566598fceb&e=08c14cf485> 
only eight out of 36 hospitals functional.

 1. Background to the alarming health issues

Israeli actions have indeed caused widespread hunger 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=8b8675c1f3&e=08c14cf485> 
and thirst throughout the entire Strip, as advocated for by Eiland. To 
exacerbate an already disastrous humanitarian situation caused by the 
16-year-long closure, bombing, total siege and widespread famine, the 
World Health Organization (WHO) has warned 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=976fdc2723&e=08c14cf485> 
that, eventually, disease could kill more people than Israel’s 
indiscriminate bombardment of the Gaza Strip if the health system is not 
repaired. Displaced people, crowded together without clean water or 
sanitation, are fertile ground for disease. Alarmingly, staph 
infections, chickenpox, rashes, urinary tract infections, meningitis, 
mumps, scabies, measles and food poisoning are all reportedly rising 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=e110389b2e&e=08c14cf485>, 
according to the Ministry of Health in Gaza. The WHO is particularly 
concerned 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=416dc1a995&e=08c14cf485> 
about bloody diarrhoea, jaundice and respiratory infections.

While a trickle of aid, including food, water and medicine, has entered 
Gaza, such aid remains insufficient and inadequate 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=e43412734d&e=08c14cf485>, 
as well as ineffective without the necessary fuel for collection and 
distribution, water purification and pumping, as warned 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=d9affd787b&e=08c14cf485> 
by the Secretary-General of the United Nations (UN), Antonio Guterres. 
Against this backdrop, the abovementioned death toll is likely to 
further increase, considering the number of Palestinians reported 
missing and presumed to be trapped or dead under the rubble, injured 
Palestinians who might succumb to their wounds,  and Palestinians who 
might die as a result of hunger, thirst, or disease. The deliberate and 
persistent denial 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=124b126ac8&e=08c14cf485> 
of access to medical and rescue teams in areas where the Israeli 
occupying forces (IOF) are deployed, coupled with the absence of 
adequate medical care, is also poised to increase the number of 
Palestinians killed.

This latest instance of weaponisation of Palestinian water, among other 
vital necessities in the Gaza Strip, is a continuation of decades-long 
systematic denial 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=170bb810b5&e=08c14cf485> 
of Palestinians’ right to water through Israel’s apartheid regime. In 
Gaza, the water crisis reached 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=74dd0a5df1&e=08c14cf485> 
a critical juncture in 2007, when Israel imposed its land, air, and sea 
blockade and closure, which amounts to illegal collective punishment. 
The closure has, inter alia, severely restricted the entry of Water, 
Sanitation and Hygiene Infrastructure (WASH) items essential for the 
development and maintenance of water and sanitation infrastructure. 
Since then, this has only been exacerbated and compounded by six 
large-scale Israeli military aggressions which have directly and 
indirectly destroyed crucial WASH infrastructure, in violation of 
international humanitarian law (“IHL”). Notably, prior to 7 October 
2023, the sole water resource in Gaza was already severely overexploited 
and heavily polluted by agrochemicals and wastewater infiltration, 
rendering 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=a3293c1a41&e=08c14cf485> 
97% of Gaza’s water unfit for human consumption.

 2. Legal analysis

2.1. Applicable law

The Genocide Convention provides that, when “committed with intent to 
destroy, in whole or in part, a national, ethnical, racial or religious 
group”,[1] <#_ftn1> “[d]eliberately inflicting on the group conditions 
of life calculated to bring about its physical destruction in whole or 
in part” comprises acts of genocide.[2] <#_ftn2> The Rome Statute of the 
International Criminal Court (“ICC”) reproduces this definition and its 
list of underlying crimes.[3] <#_ftn3> According to the Elements of 
Crime accompanying the Rome Statute, “conditions of life” include, inter 
alia, the “deprivation of resources indispensable for survival, such as 
food and medical services, or systematic expulsion from homes”.[4] 
<#_ftn4> Under the case law of the International Criminal Tribunal for 
the Former Yugoslavia (ICTY), these further include “the creation of 
circumstances that would lead to a slow death, such as lack of proper 
housing, clothing and hygiene”.[5] <#_ftn5> Israel’s deliberate 
deprivation of essential supplies necessary for the survival of the 
population of Gaza due to the imposed siege, coupled with the admissions 
of intent by Israeli officials, amounts to a genocidal 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=65547b63ac&e=08c14cf485> 
act.

Furthermore, employing starvation and thirst as a method of warfare is 
absolutely prohibited under IHL.[6] <#_ftn6> The blocking  of basic 
supplies necessary for the survival of the population, including food 
and clean water, amounts to a war crime.[7] <#_ftn7> In addition, the 
core IHL principle of proportionality 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=1a323daf15&e=08c14cf485> 
prohibits “[l]aunching an attack which may be expected to cause 
incidental loss of civilian life, injury to civilians, damage to 
civilian objects, or a combination thereof, which would be excessive in 
relation to the concrete and direct military advantage anticipated”.

2.2. The Gaza Strip: an open-air prison now threatened by underground 
floodings

Even prior to 7 October 2023, the conditions in the Gaza Strip had 
already prompted discussions of genocide – as concerns had been raised 
by, inter alia, National Lawyers Guild 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=4b7a21adb3&e=08c14cf485> 
in 2014, the Russell Tribunal on Palestine 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=6dd4241b08&e=08c14cf485> 
in 2014, and the Center for Constitutional Rights 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=271b9e2ff8&e=08c14cf485> 
in 2016. Scholars, over the years, have warned that the closure and 
blockade of Gaza may amount to a “prelude to genocide 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=2f1bb863b9&e=08c14cf485>” 
or a “slow-motion genocide 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=1c2e28648d&e=08c14cf485>”. 
In 2007, Israel imposed a land, air and sea closure of the Gaza Strip 
which further fragmented the Palestinian people and constitutes a 
prohibited collective punishment.[8] <#_ftn8> Israel’s fragmentation 
policy, enacted including through the closure, has not only infringed 
upon Palestinians’ freedom of movement, but also de-developed Gaza’s 
economy and undermined all social, economic, cultural, civil, and 
political rights; ultimately violating their collective and inalienable 
right to self-determination. As a consequence, Gaza is crippled 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=d2125651e3&e=08c14cf485> 
by high levels of poverty, aid dependency, food insecurity, and 
unemployment, which, coupled with the collapse of essential services 
such as healthcare and water facilities, has rendered it unliveable, as 
stressed 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=09c36ff07c&e=08c14cf485> 
by several UN reports. Despite this dire reality, Israel has further 
tightened and maintained its illegal closure and blockade of Gaza.

In November 2023, media reports of Israeli plans to flood alleged 
tunnels in Gaza with seawater began circulating. This alarming move, 
vehemently cautioned against by the Palestinian Water Authority 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=4930b563f2&e=08c14cf485> 
and other environmental experts, poses an imminent threat to Gaza’s only 
functioning aquifer, which is already on the brink of collapse. If 
implemented, this action could inflict irreversible environmental 
damage, leaving a lasting impact for generations to come and worsening 
the already described ‘uninhabitable’ situation in Gaza. While the 
Israeli government has not publicly confirmed and acknowledged this, US 
officials have independently confirmed to media outlets that Israel has 
begun implementation of the ‘flooding strategy’. Furthermore, an 
analysis 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=e9b697f548&e=08c14cf485> 
of ground footage and satellite images by Forensic Architecture has 
successfully geolocated and confirmed the presence and existence of 
water pump infrastructure installed since the start of Israel’s ground 
invasion of Gaza. This infrastructure operates beneath one of 
Palestine’s most important archaeological sites, situated near the 
al-Shati refugee camp on the Gaza coast.

This reported flooding violates the aforementioned principle of 
proportionality. Indeed, the alleged targeting of members of armed 
resistance groups, if any, does not outweigh and fails to justify the 
enduring of such durable adverse consequences and severe repercussions 
on Gaza’s environment, the civilian population and essential objects 
indispensable to the survival of Palestinians in Gaza. Targeting such 
objects 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=027a4de39e&e=08c14cf485>, 
including “foodstuffs, agricultural areas for the production of 
foodstuffs, crops, livestock, drinking water installations and supplies 
and irrigation works”, further violates 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=740c739559&e=08c14cf485> 
IHL, regardless of proportionality considerations.

Moreover, this move, which could have long-term environmental 
implications, further contributes to mounting evidence that Israel is 
“[d]eliberately inflicting on the group conditions of life calculated to 
bring about its physical destruction in whole or in part”, as per the 
Genocide Convention. Coupled with the destruction of over 60% of Gaza’s 
housing units amid poor weather conditions as winter looms, and the 
complete siege imposed on Gaza, this move not only exacerbates the dire 
consequences of Israel’s ongoing military campaign but also severely 
hampers the ability of Palestinians in Gaza to survive as a people.

2.3. The Erasure of Palestinian Culture

For decades, Israel has relentlessly sought to erase Palestinian 
identity, history, and presence, denying the Palestinian people their 
fundamental right to self-determination. Such attempts derive from the 
Zionist settler-colonialism, premised on the removal and replacement of 
the indigenous Palestinian people from the land. In Gaza, these efforts 
have been implemented, including through the 16-year-long closure and 
blockade of the Gaza Strip, along with the different Israeli military 
offensives against it, which have included the unlawful destruction of 
Palestinian cultural heritage. This is a fundamental element that 
enables Israel to further its colonial project in Palestine and to 
entrench its apartheid regime over the Palestinian people as a whole and 
their lands, by erasing their cultural identity as a people. As 
previously warned 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=0f9436455e&e=08c14cf485> 
by Al-Haq, “Israel’s bombardments [...] aim at gradually erasing 
Palestinian cultural heritage to deny the Palestinian people their right 
to self-determination over their cultural resources, and by extension 
threatens their existence as a people”. Indeed, the right of peoples to 
self-determination includes the right to cultural development.[9] <#_ftn9>

Israel’s destruction of Palestinian cultural property in its ongoing 
assault on Gaza exemplifies its decades-long attempts 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=1d2fb48cce&e=08c14cf485> 
to erase Palestinian presence, history, and identity, is indicative of 
genocidal intent. In terms of intent to commit genocide through 
killings,[10] <#_ftn10> the International Court of Justice (“ICJ”) has 
considered that the “destruction of historical, cultural and religious 
heritage [...] may be highly significant since it is directed to the 
elimination of all traces of the cultural or religious presence of a 
group”. Considering how relevant is this for a finding on genocide, it 
endorsed “the observation made in the Krstic case that “where there is 
physical and biological destruction there are often simultaneous attacks 
on the cultural and religious property and symbols of the targeted group 
as well, attacks which may legitimately be considered as evidence of an 
intent to physically destroy the group.””[11] <#_ftn11>

Since 7 October 2023, Israel has reportedly damaged or destroyed several 
Palestinian historical and cultural sites and centres during its aerial 
bombing campaign and ground invasion of Gaza, in a manner indicative of 
a pattern that aligns with Israel’s calculated campaign to erase any 
sign of Palestinian presence, whether human or cultural. According to 
Heritage for Peace 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=40eea5ca43&e=08c14cf485>, 
104 out of the 325 heritage sites in the Gaza Strip have been fully 
destroyed or partially damaged, as of 7 November 2023. In particular, it 
was reported that the Israeli military extensively damaged the Al-Omari 
Grand Mosque 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=c2ff9c7dbc&e=08c14cf485>, 
the largest and oldest in the Gaza Strip, and impacted the Monastery of 
Saint Hilarion at Tell Umm Amer 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=1713c36c32&e=08c14cf485>, 
which is listed on the tentative list of World Heritage Sites, and the 
Hammam of Smara 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=b3344ee3fd&e=08c14cf485>, 
which was constructed over 1,000 years ago. The IOF have further 
reportedly bombed various cultural institutions, including the Orthodox 
Cultural Centre 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=db7b8b43b0&e=08c14cf485>, 
and the Rafah Museum 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=07873f1c63&e=08c14cf485>, 
completely destroying the former.

The Gaza coastline, well-known to be of major archaeological 
significance 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=69bce2fcea&e=08c14cf485> 
in the region, was already under existential threat from repeated 
Israeli bombings and a 16-year-long closure before the ongoing military 
aggression and genocidal campaign. Excavations have led to significant 
archaeological discoveries including a Roman-era city wall and adjacent 
streets and buildings, a defensive wall (rampart) from the Iron Age – 
dating to the late 7th century B.C.E. and a fountain, houses, an 
emporium and a villa from the Greco-Roman City of Anthedon during the 
Hellenistic and Roman periods between 332 B.C.E. and 324 C.E. It is now 
mostly ruined beyond repair by the ongoing Israeli military aggression 
and ground invasion of Gaza, according to analysis carried out by 
Forensic Architecture. Airstrikes, ground-level bulldozing and the 
current installation of water pumps under the site have caused the 
present destruction. For example, Anthedon, a Hellenistic/Roman-era 
city, has been subjected to over 30 craters caused by air-dropped 
munitions, ranging in size from 8 to 16 metres in diameter. D9 
bulldozers were also used to turn the coastal area into a military 
outpost, creating earth mounds raised three or four metres high, likely 
containing damaged archaeological remnants and artefacts.

Applying the aforementioned position embraced by international courts 
and tribunals, this destruction of Gaza’s rich cultural heritage, which 
occurs alongside the large-scale killing of Palestinians, significantly 
testifies to Israeli officials and military commanders’ intent to 
destroy the Palestinian people as well as erasing their identity.

Many of the above-mentioned legal basis are jus cogens norms, which 
designates non-derogable rules of international law. These include the 
prohibitions of genocide, apartheid, torture, the non-use of force and 
basic principles of IHL.[12] <#_ftn12> Third States must act in line 
with their obligations under the Genocide Convention, including by 
unilaterally and collectively taking all feasible action to urgently and 
definitively ensure an immediate end to the ongoing atrocities, and that 
Israel refrains from the perpetration of conduct prohibited under 
Article II of the Convention. Furthermore, Third States are under the 
customary obligations not to recognise as legal the situation arising 
from such breaches, not to aid and abet in maintaining them and to 
cooperate to bring this situation to an end.[13] <#_ftn13> Furthermore, 
under Common Article 1 to the Geneva Conventions, the High Contracting 
Parties must “respect and ensure respect” of IHL, notably by exerting 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=d6377b518a&e=08c14cf485> 
“their influence, to the degree possible, to stop violations of 
international humanitarian law”.

*Conclusion*

Israel is deliberately inflicting conditions of life calculated to bring 
about the physical destruction, in whole or in part, of the Palestinian 
people. Palestinians in Gaza have been under a 16-year-long land, air 
and sea blockade and closure, enduring a 56-year-long illegal military 
occupation and an apartheid regime as part of Israel’s settler colonial 
enterprise since Al-Nakba of 1948. Statements made by Israeli officials, 
dehumanising the Palestinian people and proudly expressing genocidal 
rhetoric, clearly substantiate their intention to destroy the 
Palestinian people. Israel’s intent was only made clearer by both 
further genocidal statements as well as the genocidal acts of the 
Israeli military. The repercussions of these imposed conditions will 
reverberate for generations to come and are beyond temporary. Israel is 
inflicting grave and long-term disadvantages to the population’s 
well-being and ability to lead a constructive life.

Since 7 October 2023, Israel has gone far beyond proper conduct of 
hostilities and there is unambiguous evidence of Israeli officials and 
military’s intent to erase and destroy the Palestinian people in Gaza. 
In particular, the damaging and destruction of Gaza’s cultural heritage 
and potentially devastating impacts to the environment caused by 
Israel’s pumping of seawater, only provide more evidence of Israeli 
officials and military’s genocidal intent. Indeed, flooding the tunnels 
of Gaza, with the knowledge of the devastating short and long-term 
consequences experts have warned of, is a deliberate attempt to deprive 
resources indispensable for the survival of the Palestinian people in 
Gaza, already suffering from hunger and thirst due to Israel’s full 
siege on Gaza, imposed for over two months. It also serves Israel’s 
colonial project, reinforcing its apartheid regime by erasing 
Palestinian identity. Therefore, we demand that the international 
community and Third States meet their legal obligations and take 
concrete and effective measures to prevent the flooding of Gaza’s 
tunnels and enforce an immediate ceasefire, and push Israel to reinstate 
the supply of water, food, electricity and fuel, as well as medical and 
humanitarian aid, necessary for the survival of the Palestinian 
population in Gaza.

------------------------------------------------------------------------

^^[1] <#_ftnref1> Genocide Convention (1948), Article II.

^^[2] <#_ftnref2> Genocide Convention (1948), Article II(c).

^^[3] <#_ftnref3> Rome Statute of the International Criminal Court 
(1998), Article 6(c).

^^[4] <#_ftnref4> 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=6aa420fe10&e=08c14cf485>Elements 
of Crimes 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=12fe5426c0&e=08c14cf485> 
to Article 6(c).

^^[5] <#_ftnref5> /Prosecutor v. Vujadin Popovic (Judgment)/, 
IT-05-88-T, International Criminal Tribunal for the former Yugoslavia 
(ICTY), 10 June 2010, para. 815

^^[6] <#_ftnref6> Article 54 of Additional Protocol I to the 1949 Geneva 
Conventions provides the absolute prohibition on starvation as a method 
of warfare, prohibiting parties to the conflict “to attack, destroy, 
remove or render useless objects indispensable to the survival of the 
civilian population, such as foodstuffs”. Rule 53 of the ICRC Customary 
International Law Database 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=0cb7ac699e&e=08c14cf485> 
further cites the prohibition of starvation as a customary rule of 
international law.

^^[7] <#_ftnref7> Rome Statute of the International Criminal Court 
(1998), Article 8(2)(b)(xxv)

^^[8] <#_ftnref8> Fourth Geneva Convention (1949), Article 33.

^^[9] <#_ftnref9> International Covenant on Economic, Social and 
Cultural Rights (1966), Common Article 1(1).

^^[10] <#_ftnref10> Rome Statute of the International Criminal Court 
(1998), Article 6(a).

^^[11] <#_ftnref11> ICJ, /Bosnia and Herzegovina v. Serbia and 
Montenegro, /26 February 2007, para. 344 referring to International 
Criminal Tribunal for the Former Yugoslavia (“ICTY”), /Prosecutor v. 
Krstić/, Trial Chamber, Judgment 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=9285cc3952&e=08c14cf485>, 
2 August 2001, IT-98-33-T, para. 580.

^^[12] <#_ftnref12> International Law Commission (“ICL”), Report of the 
Study Group on Fragmentation of International law: Difficulties arising 
from the Diversification and Expansion of International Law (13 April 
2006) UN Doc A/CN.4/L.682, para. 361; /Military and Paramilitary 
Activities in and against Nicaragua (Nicaragua v. United States of 
America),/ Merits, Judgment, I.C.J. Reports 1986, para. 190, referring 
to ICL, para. 1 of the commentary of the Commission to Article 50 of its 
draft Articles on the Law of Treaties, ILC Yearbook, 1966-II, p. 247.

^^[13] <#_ftnref13> Article 40(1) and (2), Draft Articles on 
Responsibility of States for Internationally Wrongful Acts, 
International Law Commission (2001).

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