By Andrew Forde, Dublin City University
(The Conversation) – The Israel Defense Forces (IDF) appears to have “crossed the Rubicon” in the West Bank town of Jenin, when it opened fire in the vicinity of a group of visiting diplomats on May 21 – in flagrant violation of international law. The group of diplomats representing 31 countries – including Ireland, UK, France, Germany, Italy, Egypt, Russia and China – were on an official mission organised by the Palestinian Authority to observe the humanitarian situation there.
They were giving media interviews when IDF troops fired what they later referred to as “warning shots” over their heads, forcing them to run for cover. The shots came despite the visit having been flagged and coordinated in advance with both the Palestinian Authority and the IDF, which has effective control over the area.
Jenin has long been a flash point in the Israeli-Palestinian conflict. With much of the population descendants of Palestinian refugees from the 1948 war, Israeli occupation and active Palestinian resistance are observable in the town.
The international community’s reaction to the warning shots incident – in particular, by those states whose diplomatic officials were directly involved – was one of swift and widespread outrage. The high representative of the European Union for foreign affairs and security policy, Kaja Kallas, called for a full investigation into the incident, and for those responsible to be held accountable. “Any threats on diplomats’ lives are not acceptable,” she said.
The Palestinian foreign ministry accused Israel of having “deliberately targeted with live fire an accredited diplomatic delegation”.
Israel acknowledged the incident and triggered an initial investigation, but downplayed its significance. A spokesman for the IDF said it “regrets the inconvenience caused” by the incident. But its statement went on to effectively justify the action, arguing that the diplomats had “deviated from the approved route” by entering a restricted area – leading to IDF soldiers firing warning shots into the air.
Such a response doesn’t remotely correspond to the seriousness of the situation, and Israel is perfectly aware of this.
International law and diplomats
Diplomats carry out functions on behalf of the country they represent. They are the eyes, ears and voice of their country, called upon to pursue legitimate diplomatic activities. The protections afforded to individual diplomats must therefore be seen in the context of broader and longer-term diplomatic relations between states.
To carry out diplomatic functions effectively, those individuals must be allowed to perform their functions without hindrance, coercion or harassment from any country that hosts their delegations. These customary rules are thousands of years old, and have been codified in international law through the Vienna convention on diplomatic relations – to which Israel is a signatory.
That convention provides for diplomatic inviolability, immunity from criminal, civil and administrative jurisdiction, and freedom from detention or arrest. It also affords diplomatic staff the right to freedom of movement and free communications.
Most importantly for this case, article 29 of the convention states that the host state “shall take all appropriate steps to prevent any attack on [their] person, freedom or dignity”.
Firing warning shots in the vicinity of diplomats, even if done in error or without ill-intent, represents a serious threat to the person and their dignity. As such, it constitutes a flagrant abdication of Israel’s duty to protect them.
Moreover, the firing of warning shots in Jenin immediately interrupted the diplomatic work there, and as such can be seen as an attempt to intimidate or limit the efficient and effective performance of diplomatic functions on behalf of their governments.
Need for accountability
Any use of force against diplomats, even indirect, is incompatible with the principles of diplomatic immunity enshrined in international law. The onus is on the host state to ensure the safety and inviolability of diplomatic personnel.
And this duty of care is not diminished in situations of conflict. On the contrary, states have a special duty in times of conflict to protect diplomats and preserve diplomatic channels of communication.
Israel’s actions in firing above these diplomats may or may not have been deliberate. But they had an intimidatory effect, which undermines the foundational principles of international relations. In a climate where Israel’s courts have effectively endorsed a media blackout in conflict-affected regions, the role of diplomats is indispensable.
The entire system of diplomatic relations relies on the presumption that diplomats can carry out their functions freely and effectively. Diplomatic protections work effectively when they are reciprocal. Without trust, the system quickly unravels.
It would be wrong to suggest this act may have tipped the balance of international opinion against Israel, when you consider the 19 months of violence in Gaza. The killing by the IDF of vast numbers of civilians (including thousands of women and children), the seeming use of starvation as a weapon of war, and the destruction of vast swaths of Gaza have rightly attracted growing international condemnation.
“Imagining Jenin, Palestine,” Digital, Dream / Dreamland v3 / ChatGPT, 2025
On May 19, Britain, France and Canada – staunch allies of Israel – said they will “not stand by”, and would take “concrete actions” if the military offensive is not halted and humanitarian aid is not delivered to the people of Gaza.
But threatening diplomats – even if not actively shooting at them – is an egregious breach of trust under the laws of diplomatic relations, which requires a meaningful apology and effective investigation. Those responsible for giving the orders to fire the “warning shots” need to be held accountable for that decision.
Andrew Forde, Assistant Professor – European Human Rights Law, Dublin City University
This article is republished from The Conversation under a Creative Commons license. Read the original article.
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