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The Israel-Hamas Conflict and International Laws

Abstract:

The Israel-Hamas conflict, entrenched in historical disputes since the 1948 Arab-Israeli War, recently intensified with the 2023 Israel-Hamas War. Rooted in territorial disagreements and exacerbated by events like the 2006 Hamas victory, the conflict involves allegations of war crimes by both parties. The article delves into the impact on civilians, the role of international law, and the contentious allegations of war crimes against both Israel and Hamas. International law, especially international humanitarian law (IHL), is pivotal, with both parties facing allegations of war crimes. The ICC, UN resolutions, and national jurisdictions are invoked for investigations, though challenges like contested ICC jurisdiction persist.

The Roots of the Rivalry

Let’s start by going back in time the longstanding conflict between Israel and Hamas dates back to the aftermath of the 1948 Arab-Israeli War, which led to the establishment of the State of Israel. Over the years, tensions escalated through events like the 1967 Six-Day War, the First and Second Intifadas, and the 1982 Lebanon War. In 2006, Hamas won the Palestinian legislative election, leading to internal conflicts and a subsequent blockade on Gaza by Israel and Egypt, exacerbating the humanitarian situation. The Oslo Accords in the early '90s aimed for peace but faced obstacles with the Second Intifada and further clashes.


Territorial disputes center on the Israeli occupation of Palestinian territories, including the West Bank and Gaza Strip, since 1967. While Israel withdrew from Gaza in 2005, a blockade persists, contributing to economic decline and severe humanitarian issues. The core issues involve land disputes, settlement expansions, control over borders, and the contested status of Jerusalem. The 2023 escalation, marked by the Israel-Hamas war, was influenced by historical grievances, settler violence, and the blockade, leading to widespread destruction, casualties, and international calls for a ceasefire. The conflict's complexity stems from historical events, ongoing disputes, and competing narratives, making a comprehensive resolution challenging.


The Recent Escalation of the Conflict

We all know that the recent escalation in violence between Israel and Hamas was triggered by the 2023 Israel-Hamas War, initiated by a surprise attack launched by Hamas-led Palestinian militant groups on southern Israel from the Gaza Strip on October 7, 2023. Termed "Operation Al-Aqsa Flood," the attack involved rocket barrages on Israel and thousands of militants breaching the Gaza-Israel barrier to target Israeli communities and military bases. This marked a significant military escalation, reminiscent of the Yom Kippur War fifty years prior.


The impact on civilians has been devastating, with casualties numbering 1,139, including 766 civilians, during the initial Hamas offensive. Israel responded with "Operation Swords of Iron," involving an extensive aerial bombardment campaign and a large-scale ground invasion. The ongoing conflict has led to widespread destruction of infrastructure, severe humanitarian crises, and a staggering death toll. Gaza has seen 23,357 Palestinians killed, including 17,000 women and children and 112 journalists.


Approximately 500,000 Israelis and almost the entire 2.3 million population of Gaza have been internally displaced. The scale of destruction, coupled with a collapsing healthcare system, shortages of essential supplies, and allegations of war crimes, underscores the dire consequences of this recent escalation.


Image Source: http://surl.li/qekci


International Law and Conflict

As we are well aware of all that happened, let’s get to the legal bit. In the Israel-Hamas conflict, the principles of IHL are pertinent. One fundamental principle is the Equal Application Principle, which emphasizes that the laws of war apply equally to all belligerent parties. Regardless of the circumstances, both Israel and Hamas are bound by the rules set out in IHL treaties and customary international law.


Critical aspects of IHL include the protection of civilians, proportionality in military actions, and the distinction between combatants and non-combatants. Common Article 3 of the Geneva Conventions sets out minimum standards, prohibiting murder, cruel treatment, and torture, providing protections for civilians and combatants no longer engaged in hostilities.


Proportionality, another crucial principle, dictates that combatants must avoid military attacks that harm civilians more than the anticipated military gain. Violations of these principles can be considered war crimes, subject to legal consequences.


The United Nations (UN) resolutions also play a vital role in addressing conflicts. While not a direct source of international law, UN resolutions can influence the international community's perception and response. Relevant resolutions concerning the Israel-Hamas conflict may include calls for ceasefires, humanitarian access, and peaceful negotiations.

The International Criminal Court (ICC) is another avenue for addressing violations of international law. The ICC has jurisdiction over war crimes, and in 2015, Palestine acceded to the ICC, allowing it to investigate and prosecute crimes committed in the region.


Allegations of Wrongdoing: War Crimes

The following are the allegations-


Rocket Attacks: Hamas has been accused of launching thousands of rockets at Israeli towns, targeting civilians, which is a clear violation of IHL principles prohibiting attacks on non-combatants.


Border Incursion: Sending gunmen across the border from Gaza, Hamas attacked and killed civilians in their homes, an act constituting war crimes.

Airstrikes and Blockade: Israel's military response involved extensive airstrikes on Gaza, with critics arguing that some may have disproportionately harmed civilians. The blockade, restricting the delivery of essential goods, raises concerns about collective punishment, potentially violating IHL.


Palestinian Accession: Palestine joined the ICC in 2015, allowing investigations into alleged war crimes. The ICC asserted jurisdiction over crimes committed in Gaza, a move contested by Israel.


Calls for Investigations: The UN has called for investigations into potential violations by both parties. Independent commissions have been proposed to assess the conduct of all involved.


Contested Jurisdiction: The ICC's jurisdiction over Gaza is disputed by Israel, posing challenges to the court's ability to hold individuals accountable.


In summary, allegations of war crimes against both Israel and Hamas have triggered international calls for investigations and accountability. The ICC, UN, and national jurisdictions play roles in assessing and potentially prosecuting those responsible, though challenges persist, including jurisdictional disputes.


Conclusion

Decades of historical friction have led to the Israel-Hamas war, which just erupted into the catastrophic 2023 Israel-Hamas War. The conflict, which dates back to the aftermath of the 1948 Arab-Israeli War, is about border control, settlement expansions, and territory disputes. It has been made worse by incidents like the 2006 victory of Hamas and the ensuing siege. A surprise strike by Hamas on southern Israel during the most recent escalation resulted in extensive destruction and deaths. Given that both sides are accused of committing war crimes, international law- in particular, international humanitarian law (IHL)- plays a critical role. Investigations can be conducted through the ICC, UN resolutions, and national jurisdictions, yet difficulties such as disputed ICC jurisdiction still exist.


A comprehensive resolution to the conflict is still challenging because of the underlying historical grievances and current conflicts that have contributed to its complexity. This highlights the urgent need for international attention and diplomatic efforts to address this persistent problem.

References:

*This article is authored by Soumyajit Patra, Student of Symbiosis Law School, Noida and reviewed by Samiksha Biswakarma, Student of Symbiosis Law School, Noida.


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