Analysis of Israel’s Conduct in the War against Hamas in Gaza under International Humanitarian Law: Legal Principles and Civilian Protection
https://doi.org/10.5281/zenodo.23591702
Ahmad Sohail Yosefi
Abstract The recent war in Gaza, which has now passed its first anniversary, has been the longest war Israel has waged against the Palestinians and, in terms of the number of deaths and the destruction of Gaza’s entire service and healthcare infrastructure, one of the most devastating. Under the pretext of Hamas’s attack on 7 October 2023 in the south of the occupied territories, Israel launched an all-out war against a territory that has been under siege by Israeli forces for more than 20 years. This study aims to examine and analyse Israel’s conduct in the war against Hamas in light of international humanitarian law. The violations attributed to Israel are sufficiently apparent that, at first sight, reference to the principles of international law may seem unnecessary. However, given the legal and argumentative nature of each legal principle, it is preferable to identify Israel’s grave violations in Gaza through the principles established under international humanitarian law. The findings indicate that the Israeli occupying regime is liable under the principles of international humanitarian law set out in the four Geneva Conventions (1949), namely the principle of proportionality in attack, the principle of distinction between military and civilian objectives, and the principle of prohibiting unnecessary pain and suffering. During the war in Gaza, Israel has carried out attacks for which there is no military justification and which were conducted solely with the intention of harming civilians, thereby violating the principle of proportionality. Israel has deliberately disregarded the distinction between military and civilian facilities and has attacked sites such as schools and hospitals, in violation of the second principle. Finally, the siege, forced displacement, and starvation of the people of Gaza have caused extensive pain and suffering, indicating Israel’s disregard for principles such as the prohibition of unnecessary pain and suffering in warfare.