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Israel Cut Off Aid to Gaza After Hamas Rejected Ceasefire Deal — And That’s Completely Legal
Trucks carrying aid move, amid a ceasefire between Israel and Hamas, in Rafah in the southern Gaza Strip, Feb. 13, 2025. Photo: REUTERS/Hussam Al-Masri
In what may be perhaps the most significant single strategic move since the start of the war in Gaza, the Israeli Prime Minister’s Office announced this weekend that, “the entry of all goods and supplies into the Gaza Strip will be halted.”
Contrary to claims of “war crimes” and “starving civilians,” this new approach to Gaza is not only completely consistent with international law — but is likely to save civilian lives on all sides and bring the war to a close far more quickly than any other approach.
The massacre of October 7, 2023, saw the largest murder of Jews since the Holocaust. The internationally-designated Hamas terror organization, along with Palestinian civilians and UN staff, invaded Israel, killed over 1,200, took 251 hostage, committed mass torture and mass rape, and brought about 16 months of war.
As I wrote the other day, Israel and Hamas completed “Phase 1” of a three stage ceasefire agreement, which resulted in the release of some of the Israeli hostages. However, the parties have so far failed to negotiate the terms of “Phase 2.” US Special Envoy to the Middle East, Steve Witkoff, presented a framework for continuing negotiations, which Israel accepted but Hamas rejected.
In response, Israel made this weekend’s announcement, and closed Gaza to aid deliveries.
Israel maintains a legal weapons blockade on Gaza, which is governed by the Geneva Conventions, The Hague Conventions, and the San Remo Convention. Under these agreements, a legal blockade is permitted as a defense against armed attack. Israel’s blockade of Gaza, which began in 2007, fits this requirement, as it is a response to Hamas’s ongoing rocket barrages on Israeli civilians.
Under these same international rules, the blockading party may not intentionally starve civilians as a tool of warfare. This effectively means that the blockading power is required to transfer humanitarian aid into the blockaded area — a requirement that Israel has fulfilled at a massive scale.
However, the aid that enters into Gaza is typically not transferred to civilians. To the contrary, Hamas, habitually steals international aid, as well as torturing and killing civilians who attempt to take the aid for themselves.
This reality has been confirmed by multiple international sources including the United Nations, and has been caught on camera numerous times.
Hamas uses stolen aid supplies to fuel its rockets, equip its troops, and sells some of what’s left to civilians as a way of raising funds for its war effort. Indeed, many of the resources Hamas used on October 7, and in the months since, were taken from aid supplies, including the tunnels where Israeli hostages are currently held, which were built with cement funded by America’s USAID agency.
In effect, Israel has been fighting a war of survival while also funding both sides: a strategy doomed to fail. This kind of national suicide is absolutely not required by international law.
To the contrary, Article 23 of Geneva Convention IV specifically states that a power is not required to allow the passage of humanitarian aid unless it is satisfied that the aid will not be diverted to enemy combatants. Therefore, not only is Israel not required to transfer aid under the present circumstances, but pressuring Israel to do so is, in itself, a war crime.
International law is structured this way for good reason: funding both sides of a conflict only serves to prolong hostilities and thus increase completely avoidable harm to civilian populations on all sides.
In this case, aid to Gaza ends up almost exclusively in the hands of an internationally -designated terror organization that is also an enemy combatant. The international community has had 18 years since the beginning of the blockade in 2007, and 16 months since the October 7 massacre, to find a solution to this particular war crime, yet has both failed and refused to do so. The consequence has been to prolong the current war, the captivity of the Israeli hostages, and also war’s deleterious impact on the lives of both Israeli and Palestinian civilians.
For the moment, this war crime of compelling Israel to provide aid to enemy combatants, in violation of Article 23 of Geneva Convention IV, has come to an end. This can only result in a quicker defeat of Hamas, and a quicker end to the current war. Such a result will, in turn, provide immeasurable benefits to Israelis, to Palestinians, and to the entire world at large.
Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.
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Iran, US Task Experts to Design Framework for a Nuclear Deal, Tehran Says
Atomic symbol and USA and Iranian flags are seen in this illustration taken, September 8, 2022. Photo: REUTERS/Dado Ruvic/Illustration/File Photo
Iran and the United States agreed on Saturday to task experts to start drawing up a framework for a potential nuclear deal, Iran’s foreign minister said, after a second round of talks following President Donald Trump’s threat of military action.
At their second indirect meeting in a week, Foreign Minister Abbas Araqchi negotiated for almost four hours in Rome with Trump’s Middle East envoy Steve Witkoff, through an Omani official who shuttled messages between them.
Trump, who abandoned a 2015 nuclear pact between Tehran and world powers during his first term in 2018, has threatened to attack Iran unless it reaches a new deal swiftly that would prevent it from developing a nuclear weapon.
Iran, which says its nuclear program is peaceful, says it is willing to discuss limited curbs to its atomic work in return for lifting international sanctions.
Speaking on state TV after the talks, Araqchi described them as useful and conducted in a constructive atmosphere.
“We were able to make some progress on a number of principles and goals, and ultimately reached a better understanding,” he said.
“It was agreed that negotiations will continue and move into the next phase, in which expert-level meetings will begin on Wednesday in Oman. The experts will have the opportunity to start designing a framework for an agreement.”
The top negotiators would meet again in Oman next Saturday to “review the experts’ work and assess how closely it aligns with the principles of a potential agreement,” he added.
Echoing cautious comments last week from Supreme Leader Ali Khamenei, he added: “We cannot say for certain that we are optimistic. We are acting very cautiously. There is no reason either to be overly pessimistic.”
There was no immediate comment from the US side following the talks. Trump told reporters on Friday: “I’m for stopping Iran, very simply, from having a nuclear weapon. They can’t have a nuclear weapon. I want Iran to be great and prosperous and terrific.”
Washington’s ally Israel, which opposed the 2015 agreement with Iran that Trump abandoned in 2018, has not ruled out an attack on Iran’s nuclear facilities in the coming months, according to an Israeli official and two other people familiar with the matter.
Since 2019, Iran has breached and far surpassed the 2015 deal’s limits on its uranium enrichment, producing stocks far above what the West says is necessary for a civilian energy program.
A senior Iranian official, who described Iran’s negotiating position on condition of anonymity on Friday, listed its red lines as never agreeing to dismantle its uranium enriching centrifuges, halt enrichment altogether or reduce its enriched uranium stockpile below levels agreed in the 2015 deal.
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Hamas Says Fate of US-Israeli Hostage Unknown After Guard Killed in Israel Strike
Varda Ben Baruch, the grandmother of Edan Alexander, 19, an Israeli army volunteer kidnapped by Hamas, attends a special Kabbalat Shabbat ceremony with families of other hostages, in Herzliya, Israel October 27, 2023 REUTERS/Kuba Stezycki
Hamas said on Saturday the fate of an Israeli dual national soldier believed to be the last US citizen held alive in Gaza was unknown, after the body of one of the guards who had been holding him was found killed by an Israeli strike.
A month after Israel abandoned the ceasefire with the resumption of intensive strikes across the breadth of Gaza, Israel was intensifying its attacks.
President Donald Trump’s envoy Steve Witkoff said in March that freeing Edan Alexander, a 21-year-old New Jersey native who was serving in the Israeli army when he was captured during the Oct. 7, 2023 attacks that precipitated the war, was a “top priority.” His release was at the center of talks held between Hamas leaders and US negotiator Adam Boehler last month.
Hamas had said on Tuesday that it had lost contact with the militants holding Alexander after their location was hit in an Israeli attack. On Saturday it said the body of one of the guards had been recovered.
“The fate of the prisoner and the rest of the captors remains unknown,” said Hamas armed wing Al-Qassam Brigades’ spokesperson Abu Ubaida.
“We are trying to protect all the hostages and preserve their lives … but their lives are in danger because of the criminal bombings by the enemy’s army,” Abu Ubaida said.
The Israeli military did not respond to a Reuters request for comment.
Hamas released 38 hostages under the ceasefire that began on January 19. Fifty-nine are still believed to be held in Gaza, fewer than half of them still alive.
Israel put Gaza under a total blockade in March and restarted its assault on March 18 after talks failed to extend the ceasefire. Hamas says it will free remaining hostages only under an agreement that permanently ends the war; Israel says it will agree only to a temporary pause.
On Friday, the Israeli military said it hit about 40 targets across the enclave over the past day. The military on Saturday announced that a 35-year-old soldier had died in combat in Gaza.
NETANYAHU STATEMENT
Late on Thursday Khalil Al-Hayya, Hamas’ Gaza chief, said the movement was willing to swap all remaining 59 hostages for Palestinians jailed in Israel in return for an end to the war and reconstruction of Gaza.
He dismissed an Israeli offer, which includes a demand that Hamas lay down its arms, as imposing “impossible conditions.”
Israel has not responded formally to Al-Hayya’s comments, but ministers have said repeatedly that Hamas must be disarmed completely and can play no role in the future governance of Gaza. Israeli Prime Minister Benjamin Netanyahu is scheduled to give a statement later on Saturday.
Hamas on Saturday also released an undated and edited video of Israeli hostage Elkana Bohbot. Hamas has released several videos over the course of the war of hostages begging to be released. Israeli officials have dismissed past videos as propaganda.
After the video was released, Bohbot’s family said in a statement that they were “deeply shocked and devastated,” and expressed concern for his mental and physical condition.
“How much longer will he be expected to wait and ‘stay strong’?” the family asked, urging for all of the 59 hostages who are still held in Gaza to be brought home.
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Oman’s Sultan to Meet Putin in Moscow After Iran-US Talks
FILE PHOTO: Sultan Haitham bin Tariq al-Said gives a speech after being sworn in before the royal family council in Muscat, Oman January 11, 2020. Photo: REUTERS/Sultan Al Hasani/File Photo
Oman’s Sultan Haitham bin Tariq al-Said is set to visit Moscow on Monday, days after the start of a round of Muscat-mediated nuclear talks between the US and Iran.
The sultan will hold talks with Russian President Vladimir Putin on Tuesday, the Kremlin said.
Iran and the US started a new round of nuclear talks in Rome on Saturday to resolve their decades-long standoff over Tehran’s atomic aims, under the shadow of President Donald Trump’s threat to unleash military action if diplomacy fails.
Ahead of Saturday’s talks, Iranian Foreign Minister Abbas Araqchi met his Russian counterpart Sergei Lavrov in Moscow. Following the meeting, Lavrov said Russia was “ready to assist, mediate and play any role that will be beneficial to Iran and the USA.”
Moscow has played a role in Iran’s nuclear negotiations in the past as a veto-wielding U.N. Security Council member and signatory to an earlier deal that Trump abandoned during his first term in 2018.
The sultan’s meetings in Moscow visit will focus on cooperation on regional and global issues, the Omani state news agency and the Kremlin said, without providing further detail.
The two leaders are also expected to discuss trade and economic ties, the Kremlin added.
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