“There is no military need to do this,” said one rights advocate.
In the latest potential violation of international law by Israeli soldiers in the occupied Palestinian territories, footage verified by media outlets on Friday showed members of the Israel Defense Forces pushing and kicking what appeared to be the lifeless bodies of three Palestinians off a rooftop in Qabatiya, a West Bank town.
The Associated Press obtained video showing three soldiers on the roof of a building that the IDF had attacked with grenades earlier, picking up a body and dragging it toward the edge of the rooftop before pushing it off. On another nearby rooftop, the soldiers in the footage are seen swinging a body by its limbs over the edge of the building onto the ground below, where a bulldozer operated by the IDF was moving.
A third body is seen being kicked by a soldier toward the edge of a building. Ultimately, the soldier kicks the human body all the way off.
An AP journalist and other reporters in Qabatiya also told the outlet they had witnessed the incidents, while Al Jazeera reported it had verified the footage.
Al Jazeera correspondent Hamdah Salhut posted the disturbing footage on the social media platform X.
[dizzy: The link to X is not working, failing with the message “Not found” so I have substituted the following Youtube video.]
Ameed Shehadeh, a correspondent for Al-Arabi who also witnessed the incident, told CNN that “a bulldozer tried to demolish the house to bring the bodies down.”
“That didn’t work,” said Shehadeh. “Soldiers went up and kicked and pushed the bodies off the roof, as we have seen.”
Mustafa Barghouti, secretary-general of the Palestinian National Initiative, said the video didn’t make clear whether the Israeli soldiers had verified whether the people “were still alive or not” before they kicked and pushed them off the rooftops.
Under the statute of the International Criminal Court, the war crime defined as “committing outrages upon personal dignity” prohibits soldiers from mutilating dead bodies in armed conflicts.
The IDF has been accused of “necroviolence” against the bodies of Palestinians they’ve killed in the past, including in 2020 when a journalist shot a video showing an IDF soldier running over a lifeless body with a bulldozer.
“The footage we’ve seen is horrific and it’s making the rounds here in Palestine. But ultimately, Palestinians are not surprised. Israel has a track record of disrespecting the bodies of the Palestinians they kill,” said Leila Warah, an independent journalist in Palestine.
The Israeli military released a statement saying the footage showed “a serious incident that does not coincide with IDF values and the expectations from IDF soldiers.”
Other attacks and incidents in Gaza and the West Bank over the past year that the IDF has claimed were accidents or were not in accordance with its rules and values include, but are not limited to, the killing of U.S. activist Ayşenur Ezgi Eygi in the West Bank this month, the bombing of a so-called “safe zone” in Rafah, and air strikes that killed seven aid workers with World Central Kitchen in Gaza.
Following a Hamas-led attack on southern Israel last October, Israeli officials also said they were releasing all “restraints” on the IDF in Gaza and referred to the enclave’s 2.3 million people as “human animals.”
The Palestinian Health Ministry reports that the IDF has killed at least 700 Palestinians in the West Bank since last October.
Shawan Jabarin, director of Palestinian rights group Al-Haq, said of the video released Friday, “there is no military need to do this. It’s just a savage way of treating Palestinian bodies.”
He added that the IDF will likely not hold anyone accountable for the abuse of the dead bodies.
“The most that will happen is that soldiers will be disciplined,” said Jabarin, “but there will be no real investigation and no real prosecution.”
“I don’t think we have seen before, a violation that is so massive, as we are seeing in Gaza now,” said one committee leader.
A United Nations committee on Thursday called out Israel for “serious violations” of the Convention on the Rights of the Child in the occupied Palestinian territories, particularly with its nearly yearlong assault on the Gaza Strip.
“The outrageous death of children is almost historically unique. This is an extremely dark place in history,” said Bragi Guðbrandsson, vice chair of the U.N. Child Rights Committee, which also released its findings on five other parties to the global treaty—Argentina, Armenia, Bahrain, Mexico, and Turkmenistan.
Since the Hamas-led October 7 attack on Israel, Israeli forces have killed at least 41,272 Palestinians in Gaza and injured another 95,551, according to local officials. Many more remain missing and are believed to be dead and buried in the rubble of bombed civilian infrastructure. The vast majority of the enclave’s 2.3 million residents have been displaced, often numerous times.
Earlier this week, the Gaza Health Ministry publicly identified 34,344 Palestinians who have been killed in the Hamas-governed enclave as of August 31. The document spans 649 pages, the first 14 of which are filled with the names of babies. In total, there are 11,355 children.
The U.N. report states that “the committee is gravely concerned about… the outrageously high number of children in Gaza who continue to be killed, maimed, injured, missing, displaced, orphaned, and subjected to famine, malnutrition, and disease, as well as the multiple displacements of the Gazan population, as a result of the state party’s indiscriminate and disproportionate attacks on Gaza using explosive weapons with wide-area effects in densely populated areas and its denial of humanitarian access, with at least 1 million children displaced, 21,000 children reported missing, 20,000 children who have lost one or both parents, 17,000 children unaccompanied or separated from their families in Gaza, dozens of child deaths due to malnutrition, and 3,500 children at risk of death due to malnutrition and lack of food.”
The panel also expressed alarm over “attacks on and destruction of hospitals, schools, residential buildings, refugee camps, and essential infrastructure, including power facilities and water tanks, by the armed forces, restricting access to health services, education, and housing for the nearly 1 million children living in Gaza.”
Guðbrandsson said that “I don’t think we can identify any measure that was taken to save children’s lives in this military operation in Gaza.”
“I don’t think we have seen before, a violation that is so massive, as we are seeing in Gaza now,” he noted. “These are extremely grave violations that we do not often see.”
Israel, which ratified the treaty in 1991, accused the committee of having a “politically-driven agenda,” in a statement sent by its diplomatic mission in Geneva.
It sent a large delegation to a series of U.N. hearings in Geneva in early September where they argued that the treaty did not apply in Gaza or the West Bank and said that it was committed to respecting international humanitarian law.
It says its military campaign in Gaza is aimed at eliminating the Palestinian enclave’s Hamas rulers and that it does not target civilians but that the militants hide among them, which Hamas denies.
Anne Skelton, chair of the U.N. committee, pushed back against Israel’s position on Thursday, telling journalists, “They were not, in our view, facing up to the reality that 17,000 children are dead and that there have been repeated attacks on schools and hospitals.”
The report also addresses Israel’s claims, saying that “the committee deeply regrets the state party’s repeated denial of its legal obligations under the convention in the occupied Palestinian territory (OPT) based on its position that the convention ‘does not apply… to areas beyond a state’s national territory’ and ‘was not designed to apply in situations of armed conflict,’ and that international humanitarian law is the relevant and specific applicable body of law in the Gaza Strip and the West Bank.”
“The committee also regrets the limited information it received on the situation of children living in the OPT due to such a position,” the 22-page “concluding observations” document continued. “The committee is of the view that the state party’s denial of the application of the convention cannot be used to justify its grave and persistent violations of international human rights and humanitarian law.”
The panel cited the International Court of Justice advisory opinion from July that found “international human rights instruments are applicable.” The ICJ—which has taken up a genocide case against Israel—also said at the time that the decadeslong Israeli occupation of Gaza and the West Bank, including East Jerusalem, is illegal and must end “as rapidly as possible.”
The new report says that the Child Rights Committee, “aligning its position with the position of the ICJ, reiterates that the convention applies to all children at all times and is directly applicable in all territories over which the state party exercises effective control, and reminds the state party of its legal obligations both under the convention and international humanitarian law concerning children in the OPT.”
Skelton also argued that “the only real way to serve children’s rights in this situation is a cease-fire.”
However, Israel has shown no signs of ending its assault on the Palestinian enclave—in fact, fears of a wider regional conflict are heightened this week due to bombings of pagers, walkie-talkies, and other devices across Lebanon, attacks supposedly targeting Hezbollah members that Israeli and U.S. officials attributed to Israel’s military and intelligence operatives.
The Child Rights Committee’s report follows U.N. Secretary-General António Guterres adding Israel to the so-called “List of Shame” of nations that kill and wound children during armed conflicts, a June decision that outraged Israeli officials but was praised by human rights advocates as long overdue.
THE British government faces a backlash for showing a “complete disregard” for Palestinian suffering by abstaining from a key UN vote on ending Israeli occupation.
The UN general assembly resolution passed last night demanded that Israel end its “unlawful presence” in the West Bank and the Gaza Strip within a year.
An overwhelming majority of 124 countries voted in favour of the resolution. Britain was one of 43 countries to abstain. Just 14 countries, including the US, voted against it.
Amnesty International’s secretary-general Agnes Callamard said that governments, including Israel’s allies, must ensure that the country complies with the resolution.
The German government has defied EU law by imposing border controls, while Green politicians decry “the poison of Islam” in parliament. Meanwhile, the far-right AfD has surged in recent state elections. What’s driving Germany’s sharp shift to the right?
Germany is entering a period of reaction. This is not only evident from the rise of the far-right Alternative for Germany (Alternative für Deutschland, AfD), but also from the hardline policies of the governing coalition’s so-called centrist parties. The Social Democrats (SPD), Greens, and Liberal Democrats (FDP) have introduced unprecedented measures against migrants and critics of state policies. In September 2024, Federal Interior Minister Nancy Faeser (SPD) imposed border controls, defying European criticism and undermining the EU’s Schengen Agreement. Political scientist Christopher Wratil of the University of Vienna said that Berlin can “no longer claim others are not complying with EU law,” adding that the government is acting “as if the AfD were already in power.” Soon after Faeser’s announcement, Green parliamentary leader Katharina Dröge referred to “the poison of Islam” (das Gift des Islams) during a Bundestag session.
Germany challenged on multiple fronts
To explain this drastic rightward shift, it is necessary to understand the international situation confronting Germany’s ruling class. There are three main fronts on which the German state is currently bogged down.
Firstly, in Ukraine, where NATO’s confrontation with Russia is stalling, if not collapsing entirely. As the second-largest backer of the Zelensky regime, Berlin remains fully committed to winning the war. The government’s July 2024 decision to approve the stationing of US Tomahawk cruise missiles on German soil confirms this. Sanctions on Russia have strained the German economy, especially energy-intensive industries, but the state has absorbed much of the burden through subsidies. The Federation of German Industries, representing 100,000 companies, continues to back the government’s policies. However, popular support for the war is crumbling, as recent EU and state elections show. The two parties most critical of arms deliveries to Ukraine – the AfD and the Sahra Wagenknecht Alliance for Reason and Justice (Bündnis Sahra Wagenknecht, BSW) – made record gains, while the governing coalition suffered heavy losses.
The second front, not yet erupted into open conflict, is East Asia, in the confrontation with China. German capital faces the same dilemma as its US counterpart: while business with China remains lucrative, Chinese producers are outpacing American and European competitors, challenging Western hegemony. Germany has been more reserved than the US in taking a confrontational stance, but the government’s plan to invest 10 billion euros into a 30-billion-euro Intel chip production project in Germany shows its intent to reduce reliance on China. Meanwhile, the Green foreign minister, who called Xi Jinping a “dictator” in 2023, has led a cross-party effort to instrumentalize Taiwan against Beijing. The Ministry of Defense’s recent decision to send a warship through the Taiwan Strait is the latest move in this confrontational policy.
The third front is West Asia, where Germany remains the most outspoken advocate of Israel’s genocidal offensive in Gaza. Unlike the other fronts, there are no economic concerns holding German capital back from fully supporting Israel. This unified stance on Zionism and opposition to the so-called axis of resistance has allowed the government to swiftly implement policies against the Palestinian solidarity movement. While smearing protesters as antisemitic, basic rights such as freedom of assembly and speech are thrown out of the window. Homes are raided, activists arrested, solidarity organizations banned, and laws tightened—most recently with the liberal FDP calling to strip non-EU citizens of the right to assembly. Yet, the Western-backed offensive in Gaza has also stalled, with Israel unable to eliminate Hamas. Domestically, Germany uses force to suppress dissent, but it cannot do so internationally. States from the Global South are openly challenging Germany’s unconditional support for Israel. Namibia accused Berlin of supporting genocide while shirking responsibility for colonial crimes. Nicaragua has filed a case against Germany in the International Court of Justice, accusing it of violating the 1949 Genocide Convention. Others, like Malaysian Prime Minister Anwar Ibrahim, have directly confronted German politicians: “Where have we thrown away our humanity? Why this hypocrisy?”
The escalations on these fronts, along with rising domestic discontent, are fueling insecurity among Germany’s ruling class. A shift to the right is seen as necessary to capture broad sections of the population, keep them integrated into the system, and conjure scapegoats. The consistent messaging around the “Russian threat” and “Islamic terrorism” is used to justify massive military spending, cuts to social programs, and sweeping surveillance laws, including the right to secretly invade private homes. Meanwhile, migrants are blamed for housing shortages and the collapse of the healthcare system.
The collapse of the governing parties in eastern Germany
Elections for two state governments in eastern Germany made international headlines in August 2024 after the far-right AfD made massive gains, even becoming the strongest political force in Thuringia, where it led by almost 10%. There are several reasons for the far-right’s success.
Firstly, there is the historical trajectory of the post-1989 era. Over 30 years have passed since the socialist German Democratic Republic (GDR) was incorporated into the Federal Republic, yet West German promises of “blossoming landscapes” remain unfulfilled. The privatization of the East German economy was the largest wealth transfer in European history: millions lost their jobs and were deprived of their rightful shares in the public property they had built. This left East Germans with little to pass to their children. Almost all key positions in the state and economy were taken by West Germans. Deindustrialization led to higher unemployment, lower incomes, and longer working hours compared to the West. The result was a mass exodus, with nearly 4 million people moving westward since 1989 to escape the bleakness.
The East German population has essentially been relegated to second-class citizens in the Federal Republic. This has fostered a general distrust of Western political parties, whose approach has often been to “educate” rather than represent the East: “Your system lost, you have lost, so we will show you how it’s done.” The natural rejection of this condescending, paternalistic attitude has long been reflected in voter support for anti-establishment parties like The Left (Die Linke) and, more recently, the far-right AfD.
While The Left enjoyed broad support in the early 2000s for opposing the neoliberalization of the labor market, it gradually fell out of favor after joining regional and city governments, where it helped implement the same neoliberal policies it once opposed (such as the privatization of public housing in Berlin). This created a political vacuum in which the AfD was able to present itself as the only oppositional force, despite being a neoliberal party. The AfD taps into the economic and social challenges people face, blaming migrants or incompetent politicians in Berlin rather than the economic system itself. It has been especially successful among skilled laborers and small business owners—those most threatened by, or fearful of, social degradation.
This dynamic, which had already been unfolding for several years – was accelerated by the escalation of the Ukraine war in 2022. The question of arms deliveries to Kiev now played a central role in political debates.
The EU elections in June 2024 – in which the whole country participated – showed that Germans are dissatisfied with the governing coalition (SPD, Greens, and liberal FDP). Voters are now turning to the conservative CDU and far-right AfD, both of which call for tougher social cuts in response to current crises. The AfD gained nearly 5%, becoming the second-largest German party in the EU parliament, surpassing even the SPD. While the AfD has criticized further arms deliveries to Ukraine, it does not oppose NATO or the ongoing militarization in Germany. Many likely voted for the AfD due to its demagoguery on Ukraine, particularly calls to end the war with Russia. Polls from September 2024 show more Germans now oppose further arms deliveries to Ukraine (51%) than support them (38%), and 52% believe diplomatic efforts for peace have been insufficient. The BSW, a new party that split from The Left in 2023, centered this issue in its campaign and secured 6% of the national vote in the EU elections.
The two state elections in August 2024 further revealed that consensus around the Ukraine war effort is breaking down, especially in eastern Germany. All three governing parties lost votes, while the AfD and BSW made record gains. The Left, which had been the strongest party in Thuringia and supported arms deliveries to Ukraine, lost nearly 18% and was overtaken by the BSW. The AfD is now the largest party in Thuringia, winning almost a third of the vote. In Saxony, the AfD came close, with 30.6% compared to the CDU’s 31.9%. Notably, the CDU leader in Saxony has broken from the party’s line, calling for an end to arms deliveries and diplomatic negotiations with Russia.
The successes of the AfD and BSW have left the two eastern German states without a clear path forward. All parties currently refuse to form coalitions with the far-right AfD. While mainstream parties have derided the BSW as the “long arm of the Kremlin,” they also acknowledge the need to contend with this new party. Wagenknecht has stated that the BSW will only join coalitions with parties that oppose the stationing of US Tomahawk cruise missiles in Germany—a largely symbolic stance, as state governments have no control over this decision. More concerning for centrist parties is the disintegration of the political landscape, which could allow the opposition to block decisions requiring a two-thirds majority, including the election of constitutional judges. There is a palpable angst that minority parties in federal and state parliaments could “shut down” Germany’s constitutional courts.
Dark prospects
The upsets in eastern Germany are driven, at least in part, by dissent over NATO’s war effort against Russia. Both the AfD and BSW, from different perspectives, argue that supplying more weapons to Ukraine is not in Germany’s “national interest.” This domestic dissent, coupled with military setbacks in Donbass, is clearly causing doubts within the governing coalition. Just days after the elections in Thuringia and Saxony, Chancellor Olaf Scholz (SPD) expressed support for diplomatic negotiations with Moscow to “discuss how we can move from this war situation towards peace more quickly.”
While the German ruling class grapples with the Ukraine dilemma, its commitment to militarizing society remains strong. In this endeavor, the AfD does not stand in its way. Although the far-right party differs on issues like the war against Russia, relations with the USA, and the future of the EU, it poses no threat to German capital. On the contrary, centrist parties can mask themselves as an anti-fascist bulwark, rallying much of the population (including many on the left) around the slogan of “stopping the AfD,” while simultaneously enacting similarly racist and inflammatory policies toward migrants.
Asylum seekers are once again being deported back to Afghanistan, in flagrant disregard of the EU’s own human rights convention. Even “liking” certain social media posts warrants deportation, according to Interior Minister Nancy Faeser (SPD). At the same time, the German government is ramping up its “brain drain” strategy against the Global South. Just a few days after ordering controls on all of Germany’s borders, Faeser signed an agreement with the Kenyan government to make it easier for Germany to poach Kenyan professionals. A similar agreement with Uzbekistan followed a week later.
Germany’s increasingly aggressive neo-colonial policies abroad and its ever-more repressive policies at home are thus two sides of the same coin.
Tensions in the Middle East have reached a new high after thousands of pagers and radios used by members of Hezbollah exploded across various cities in Lebanon and Syria over September 17 and 18. The attacks – which have widely been attributed to Israel, which has not commented – have resulted in at least 30 people killed and more than 3,000 wounded.
Many analysts and politicians are now speculating that the conflict between Israel and Hezbollah, which has been simmering during the 11-month conflict in Gaza, will spiral into open warfare.
Far from taking place in a legal vacuum, the attacks are governed by international humanitarian law (IHL). This is the international legal regime that regulates the conduct of hostilities in situations of armed conflict.
Since the Hamas attacks on October 7 provoked Israel’s ferocious response in Gaza, Israel and Hezbollah have been involved in a series of cross-border hostilities. These qualify as what is called a “non-international armed conflict”, to which IHL applies. This includes the rules set out in, among other instruments, the Geneva conventions.
In pursuing the objective of protecting civilians in wartime, the Geneva conventions rely on the fundamental principles of “distinction” and “proportionality”.
What international law says
The principle of distinction essentially requires belligerents to distinguish at all times between the civilian population and combatants.
Combatants are lawful targets and can be attacked at all times. But intentionally attacking civilians is prohibited and constitutes a war crime under the Rome statute of the International Criminal Court. To this end, military commanders are under an obligation to do everything feasible to verify that the target of an attack is not a civilian.
Even assuming that only Hezbollah members were using the radios and pagers at the moment of the attacks, that does not mean that they shall be presumed to be combatants (and, therefore, lawful targets). Under IHL, a combatant is a “member of the armed forces of a party to the conflict”. This comprises “all organized forces, groups and units which are under a command responsible to that party for the conduct of its subordinates”.
By contrast, whoever is not a member of the armed forces of a party to the conflict is a civilian and subject to the protection of IHL.
There is no doubt that members of the military wings of Hezbollah are “members of the armed forces”, so they qualify as combatants. But those members of Hezbollah’s political wing who are not combatants should be considered as civilians and accordingly, are protected from attack.
Civilians may lose protection from attack for such time as they take a direct part in hostilities. This includes conduct like the intentional killing of civilians and carrying out acts which adversely affect the military capacity of a party to an armed conflict – for example, the planning of attacks against Israel.
What about the attacks against members of Hezbollah’s military wing?
In this case, complying with the principle of distinction does not suffice, since the attack must also respect the principle of proportionality. This requires that the expected “collateral damage” (that is, the incidental killing or wounding of civilians) should not be excessive to the “concreted and direct military advantage” anticipated from the attacks.
Launching an attack with the knowledge that it would cause excessive collateral damage also constitutes a war crime.
Collateral damage
In this case, the attacks killed several civilians. These included the nine-year-old daughter of a Hezbollah member, an 11-year-old boy and at least two health workers. Moreover, the attacks injured thousands more, including Iran’s ambassador to Lebanon.
Although we do not know how many of those killed or injured were civilians, it seems logical that the level of collateral damage to be expected from the attacks would be substantial. After all, the pagers and radios were remotely detonated at the same time, exploding in crowded places such as markets and funerals. In these situations, the likelihood of killing and wounding civilians is extremely high.
These elements suggest that the expected incidental damage is excessive to the military advantage anticipated from the pager attacks – which, at the time of writing, remains unclear.
But it’s important to note that what amounts to “excessive” incidental damage is subject to disagreement. On the one hand there are those who, like the International Committee of the Red Cross, believe that extensive incidental damage is always excessive. Others – including the Israeli government – consider that even extensive incidental damage is allowed if the attack results in a high amount of military advantage.
In my opinion, Israel’s interpretation should be rejected. It turns IHL’s aims of protecting the civilian population on its head and allows for unrestricted warfare.
My conclusion, based on the available information, appears to be that the pager and walkie-talkie attacks purportedly carried out by Israel against Hezbollah members appear to violate the principles of distinction and proportionality. In other words, they could well amount to war crimes.