Any country providing aid to the Hamas-controlled Gaza Strip indirectly supports Hamas, thereby breaking United Nations Security Council Resolution 1373, explained Prof. Avi Bell of Bar-Ilan University's Faculty of Law.
He said the resolution, which was adopted by the UN Security Council in 2001 and is therefore legally binding, includes several duties states have to fight terrorist organizations, one of which is to not provide any form of support – active or passive, direct or indirect.
"As long as we have a degree of certainty that some of the aid [entering from Egypt to Gaza via the Rafah crossing] is being diverted to Hamas – and we do have that certainty – then all the states of the world must refrain from providing this indirect support to Hamas," Bell said.
Bell first spoke during a MediaCentral briefing earlier this week and subsequently in an interview with The Jerusalem Post.
He stated that since Hamas assumed control of the Gaza Strip from the Palestinian Authority 16 years ago, it has redirected international aid intended for its citizens to support its efforts to attack Israel and carry out acts of terror.
Int'l reading of the law is 'ironic and somewhat sad'
Bell noted that this diversion encompasses a wide range of activities. For instance, there were allegations that Hamas appropriated fuel and medical supplies from the United Nations meant for refugees in the Gaza Strip. Bell also mentioned cases where Hamas repurposed water pipes laid by the European Union, originally intended to deliver water to residents, for use in constructing rockets. Additionally, Hamas has taken control of trucks delivering goods and seized them for its purposes.
"So, what you are seeing is that it is ironic and somewhat sad that multiple states are failing to live up to their duties to block supply to a terrorist organization while accusing Israel of breaking all kinds of laws," he said.
Regarding Israel's specific obligations to provide aid to Gaza, the professor pointed out that no legal requirement exists for any state to furnish supplies to another entity when it cannot exercise sovereignty.
Bell discussed the unique situation in the Gaza Strip, emphasizing that there has been an ongoing debate for nearly two decades about whether Israel should be regarded as a belligerent occupier there. He explained that, in general, for a state to be considered a belligerent occupier of a territory, it must have acquired effective control through non-consensual means, typically during an armed conflict with another state. However, Israel withdrew from the Gaza Strip in 2005 and has not had control there since.
Israel turning a blind eye, for humanitarian reasons
He stressed again that although during wartime, all parties to the conflict are required to facilitate the delivery of humanitarian relief to civilians, which includes food and medicine, this is not the case when that aid will be used for military purposes.
So, why is Israel turning a blind eye or even encouraging aid trucks to enter Gaza?
Because, said Bell, "Israel has no interest in creating a humanitarian crisis in the Gaza Strip. Israel's interest is in destroying the Hamas terrorist organization and then safely recovering its hostages.
"This is not a secret."