The US has now backed the latest Gaza ceasefire proposal by Egypt and France. While the details of the proposal have not been released, reports suggest it attempts to deal with both Israel's main demand (to block arms smuggling into Gaza) and that of Hamas (to open the border crossings into Gaza).

While Israel and Hamas say that their demands must be met if there is to be a ceasefire longer than 3 hours at a time, once a genuine ongoing ceasefire is secured, the international community should ensure a proper war crimes investigation takes place.

Well-founded allegations of war crimes and crimes against humanity have been made against both sides, just as they were in the 2006 Israel-Hezbollah conflict. Nothing was done about the apparent crimes in 2006 and we again have a similar conflict with combatants appearing to give little more than lip-service to international law.

The way to stop people unlawfully killing civilians is to prosecute them, not just tell them to stop. Systems have been put in place in recent years to investigate and prosecute, so why not use them? The UN Security Council has acknowledged that 'ending impunity is essential' if abuses against civilians are to be resolved and future crimes prevented (Resolution 1674/2006).

One way to end impunity is to refer a situation to the prosecutor of the International Criminal Court. After authorizing an investigation, the Security Council referred the Darfur situation to the ICC in 2005 (Resolution 1593), despite Sudan's objection and not being a party to the ICC. Of course, some members of the Security Council are reluctant to pursue this path fearing it will be used against them one day, though they have shown before they will not stand in the way of sufficient international pressure.

This is where Australia and other like-minded countries come in. Australia supports a rules-based approach to international peace and security. This means crimes should be investigated and punished whether committed by friend or foe. Not only is the world watching how this conflict is dealt with, the UN General Assembly is set to start its long-awaited debate about how best to protect civilians from armed conflict (the Responsibility to Protect principle) in the coming weeks. This debate needs to deliver enhanced support for a predictable, rules-based system.

Now is the time for Australia and others to demonstrate their support for the protection system - not only to bring justice for civilians in southern Israel and Gaza, though also to prove that war crimes will no-longer be tolerated.

Alistair Gee is the Executive Director of act for peace, the international aid agency of the National Council of Churches in Australia.
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For media comment from Alistair Gee: 0417 672 650.

act for peace is assisting partners in the provision of emergency medical services to people injured by the Gaza conflict. It has been working with partners in Gaza for 21 years. Details of this work and assistance by act for peace to those affected by other conflicts are at www.actforpeace.org.au.  To GIVE to the act for peace Gaza Appeal click here.