Israel is accused of the gravest war crimes – how governments respond could haunt them for years to come

Even wars have rules. They don’t stop soldiers killing each other but they’re intended to make sure that civilians caught up in the fighting are treated humanely and protected from as much danger as possible. The rules apply equally to all sides.

If one side has suffered a brutal surprise attack that killed hundreds of civilians, as Israel did on 7 October 2023, it does not get an exemption from the law. The protection of civilians is a legal requirement in a battle plan.

That, at least, is the theory behind the Geneva Conventions. The latest version, the fourth, was formulated and adopted after World War Two to stop such slaughter and cruelty to civilians from ever happening again.

At the headquarters of the International Committee of the Red Cross in Geneva (ICRC) the words “Even Wars Have Rules” are emblazoned in huge letters on a glass rotunda.

The reminder is timely because the rules are being broken.

Getting information from Gaza is difficult. It is a lethal warzone. At least 181 journalists and media workers have been killed since the war started, almost all Palestinians in Gaza, according to the Committee to Protect Journalists. Israel won’t let international news teams into Gaza.

Since the best way to check controversial and difficult stories is first hand, that means the fog of war, always hard to penetrate, is as thick as I have ever experienced in a lifetime of war reporting.

It is clear that Israel wants it to be that way. A few days into the war I was part of a convoy of journalists escorted by the army into the border communities that Hamas had attacked, while rescue workers were recovering the bodies of Israelis from smoking ruins of their homes, and Israeli paratroopers were still clearing buildings with bursts of gunfire.

Israel wanted us to see what Hamas had done. The conclusion has to be that it does not want foreign reporters to see what it is doing in Gaza.

To find an alternative route through that fog, we decided to approach it through the prism of laws that are supposed to regulate warfare and protect civilians. I went to the ICRC headquarters as it is the custodian of the Geneva Conventions.

I have also spoken to distinguished lawyers; to humanitarians with years of experience of working within the law to bring aid to Gaza and other warzones; and to senior Western diplomats about their governments’ growing impatience with Israel and nervousness that they might be seen as complicit in future criminal investigations if they do not speak up about the catastrophe inside Gaza.

In Europe there is also now a widely held belief, as in Israel, that Prime Minister Benjamin Netanyahu is prolonging the war not to safeguard Israelis, but to preserve the ultra-nationalist coalition that keeps him in power.

As prime minister he can prevent a national inquiry into his role in security failures that gave Hamas its opportunity before 7 October and slow down his long-running trial on serious corruption charges that could land him in jail.

Netanyahu rarely gives interviews or news conferences. He prefers direct statements filmed and posted on social media. Israeli Foreign Minister Gideon Sa’ar declined a request for an interview.

Boaz Bismuth, a parliamentarian from Netanyahu’s Likud party, repeated his leader’s positions: that there is no famine in Gaza, that Israel respects the laws of war and that unwarranted criticism of its conduct by countries including the UK, France and Canada incites antisemitic attacks on Jews, including murder.

Lawyers I have spoken to believe that there is evidence that Israel followed war crimes, committed by Hamas when it attacked Israel, with very many of its own, including the crime of genocide.

It is clear that Israel has hard questions to answer that will not go away.

It also faces a legal process alleging genocide at the International Court of Justice and has a prime minister with limited travel options as he faces a warrant for arrest on war crimes charges issued by the International Criminal Court (ICC).

Rival politicians inside Israel accuse Netanyahu of presiding over war crimes and turning Israel into a pariah state.

He has pushed back hard, comparing himself – when the warrant was issued – to Alfred Dreyfus, the Jewish officer wrongly convicted of treason in an antisemitic scandal that rocked France in the 1890s.