The Gaza Famine: A Brutal Manifestation of Global Human Rights Failures

Introduction :

The Gaza Strip is facing one of the most severe humanitarian crises of the 21st century. Prolonged blockades, repeated military offensives, and restricted humanitarian access have left civilians with severe shortages of food, clean water, medical supplies, and electricity. According to the Integrated Food Security Phase Classification (IPC), parts of Gaza are experiencing “catastrophic” (Phase 5) food insecurity, with famine-like conditions already present. Children are particularly vulnerable, with acute malnutrition rates rising sharply, violating Article 24 of the Convention on the Rights of the Child (CRC), which guarantees children the right to the highest attainable standard of health, including adequate nutrition. The crisis is further compounded by violations of international humanitarian law, including the Geneva Conventions and the Rome Statute, highlighting an urgent need for coordinated global action.

1.The Humanitarian Catastrophe in Gaza:

According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), the blockade and repeated military offensives have left Gaza’s population facing severe shortages of food, clean water, medical supplies, and electricity. The Integrated Food Security Phase Classification (IPC) reported in March 2024 that Gaza was experiencing “catastrophic” (Phase 5) food insecurity in some areas, meaning that famine-like conditions were already present for thousands.

Children are disproportionately affected. UNICEF warns that acute malnutrition rates among children under five are rising sharply, putting an entire generation at risk of stunting and death. The situation violates Article 24 of the Convention on the Rights of the Child (CRC), which guarantees children the right to the highest attainable standard of health, including adequate nutrition.

The UN-backed Integrated Food Security Phase Classification (IPC) warns that “the worst-case scenario of famine is now unfolding in the Gaza Strip[1].”

Key Findings (May–July 2025):

1. Between May and July 2025, acute malnutrition rates doubled in Khan Younis and increased by 70% in Deir al-Balah[2].
2. In Gaza City, the acute malnutrition soared from 4.4% in May to 16.5% in the first half of July, reaching the famine threshold[3].
3. Two-fifths of pregnant and breastfeeding women in the Gaza Strip were acutely malnourished in June[4].

“This is not just a humanitarian crisis — it is a legal and moral emergency,” said Catherine Russell, Executive Director of UNICEF. “We are seeing the deliberate denial of food and medical aid to civilians, in clear violation of international law.”

2.1 Violations of International Law

Geneva Conventions (1949), Article 23—The flow of humanitarian assistance to the civilian population shall not be obstructed[5].

International humanitarian law, particularly the Fourth Geneva Convention (1949), prohibits starvation of civilians as a method of warfare (Article 54 of Additional Protocol I).

The Rome Statute of the International Criminal Court (Article 8(2)(b)(xxv) further defines such actions as war crimes[6].

Customary IHL Rule 55 unequivocally mandates that all parties must allow unhindered humanitarian relief to populations in need. In Gaza, evidence strongly indicates that this rule—and the connected prohibitions on starving civilians—has been violated. The conditions observed, starvation projections, and obstruction of aid reflect not just a legal failure, but a humanitarian catastrophe unfolding under international law[7].

Chapter VII gives the Security Council authority to adopt legally binding measures, and it has utilized this mandate in Resolution 2720 to alleviate Gaza’s humanitarian crisis[8].

Additional Protocol I to the Geneva Conventions (1977), Article 54

Prohibits starvation of civilians as a method of warfare and forbids attacks, destruction, removal, or rendering useless objects indispensable to civilian survival[9].

“Recognizes a child’s right to a standard of living adequate for their physical development (explicitly includes food and social supports). This is the primary children’s-rights treaty anchor”[10].

“Establishes the right of everyone to an adequate standard of living, including adequate food; obligations are framed as “respect, protect and fulfil[11].”.

“Authoritative interpretation of the right to adequate food (states’ obligations, content of “adequate”, non-discrimination, priority for vulnerable groups such as children[12])”.

“Explicitly prohibits starvation of civilians as a method of warfare and protects objects indispensable to survival (food, water, agricultural infrastructure). This is crucial for armed conflicts and ceasefire contexts”[13].

“Intentionally using starvation of civilians or wilfully impeding relief supplies may constitute a war crime; this creates individual criminal responsibility for actions that cause or maintain famine conditions[14].”

The situation in Gaza represents a monumental breach of children’s rights. The right to food, survival, and development—core to the CRC—is being systematically violated by blockade-induced famine and restricted humanitarian access. Multiple UN bodies have condemned this, stressing that such deprivation is both a moral and legal outrage. The scale of suffering among children underscores the urgent need for unfettered humanitarian response.

Despite these protections, reports from Human Rights Watch and Amnesty International accuse parties to the conflict of weaponizing food supplies, restricting humanitarian aid, and destroying agricultural infrastructure.

2.2 Lack of Coordinated Sanctions and Diplomatic Pressure

Economic and political measures have been fragmented, with many states opting for symbolic condemnation rather than binding trade or arms embargoes that could pressure compliance with humanitarian norms.

2.3. The Global Human Rights Dimension

The right to food is enshrined in Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which obliges states to ensure freedom from hunger[15].

 The Universal Declaration of Human Rights (UDHR, Article 25) also recognizes access to adequate food as part of the right to an adequate standard of living[16].

The famine in Gaza reveals a double failure: the direct actions of belligerents violating these rights and the broader inaction—or insufficient action—by the international community to prevent and address the crisis.

3.Path Forward:

1. Immediate and Unconditional Humanitarian Access

• Establish UN-monitored humanitarian corridors, backed by Chapter VII enforcement if necessary, to ensure uninterrupted delivery of food, water, and medical supplies.
• Involve neutral humanitarian actors such as the International Committee of the Red Cross (ICRC) for aid distribution.

2. Strengthened Accountability Mechanisms

• Accelerate ICC investigations into the use of starvation as a method of warfare under Rome Statute Article 8(2)(b)(xxv).
• Support universal jurisdiction cases in domestic courts to hold perpetrators accountable.

3. Binding International Sanctions

• Implement targeted sanctions, including asset freezes and travel bans, against individuals and entities obstructing aid.
• Condition arms sales and diplomatic privileges on compliance with IHL.

4. Global Human Rights Early Warning System

•  Establish a coordinated UN-OCHA and Office of the High Commissioner for Human Rights (OHCHR) early warning system for famine risk in conflict zones.
• Integrate CESCR General Comment No. 12 indicators on the right to adequate food into conflict monitoring.

5. Reinforcing the Right to Food as Non-Negotiable

• Adopt a binding UN resolution reaffirming the right to food as fundamental and non-derogable even during armed conflict.
• Ensure the ICESCR (1976) provisions are operationalized with funding and monitoring mechanisms.

4. Recommendations (Action Plan to End the Gaza Famine)

Conclusion

The Gaza famine represents a severe violation of human rights and international humanitarian law. Children, pregnant women, and other vulnerable populations are suffering disproportionately, and fundamental rights to food, health, and survival are being systematically denied. Immediate actions—including a ceasefire, unhindered humanitarian access, lifting the blockade, and long-term reconstruction—are crucial to prevent further loss of life. Legal frameworks such as the Geneva Conventions, CRC, ICESCR, and the Rome Statute provide both obligations and mechanisms for accountability. Without urgent, coordinated international intervention, the humanitarian catastrophe in Gaza will continue to escalate, endangering generations to come.

Bibliography:

Additional Protocol I to the Geneva Conventions (1977), Article 54

The Guardian. (2025, July 30). Facing the reality of Gaza’s ‘unfolding’ famine. Retrieved August 1, 2025, from https://www.theguardian.com/world/2025/jul/30/wednesday-briefing-facing-the-reality-of-gazas-unfolding-famine Geneva Conventions. (1949). Convention relative to the protection of civilian persons in time of war (Fourth Geneva Convention), Art. 23.

Rome Statute of the International Criminal Court. (1998). Article 8(2)(b)(xxv). Entered into force July 1, 2002.

International Committee of the Red Cross (ICRC). (2005). Customary International Humanitarian Law, Rule 55: Access for humanitarian relief to civilians in need.

United Nations. (1945). Charter of the United Nations, Chapter VII.

United Nations. (1989). Convention on the Rights of the Child, Art. 27.

United Nations. (1966). International Covenant on Economic, Social and Cultural Rights, Art. 11. Entered into force January 3, 1976.

Committee on Economic, Social and Cultural Rights (CESCR). (1999). General Comment No. 12: The right to adequate food (Art. 11).

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I). (1977). Art. 54.

United Nations General Assembly. (1948). Universal Declaration of Human Rights, Art. 25.

[1] The Guardian ‘Facing the reality of Gaza’s ‘unfolding’ famine’,https://www.theguardian.com/world/2025/jul/30/wednesday-briefing-facing-the-reality-of-gazas-unfolding-famine? Accessed 1 August 2025

[2] The Guardian  “Facing the reality of Gaza’s ‘unfolding’ famine” https://www.theguardian.com/world/2025/jul/30/wednesday-briefing-facing-the-reality-of-gazas-unfolding-famine? Accessed 1 August 2025

[3] The Guardian  “Facing the reality of Gaza’s ‘unfolding’ famine” https://www.theguardian.com/world/2025/jul/30/wednesday-briefing-facing-the-reality-of-gazas-unfolding-famine? Accessed 1 August 2025

[4] The Guardian  “Facing the reality of Gaza’s ‘unfolding’ famine” https://www.theguardian.com/world/2025/jul/30/wednesday-briefing-facing-the-reality-of-gazas-unfolding-famine? Accessed 1 August 2025

[5] Geneva Conventions (1949), Article 23

[6] The Rome Statute of the International Criminal Court (Article 8(2)(b)(xxv)

[7] Customary International Humanitarian Law (CIHL), Rule 55

[8] The UN Charter(1949) Chapter VII

[9] Additional Protocol I to the Geneva Conventions (1977), Article 54

[10] UN Convention on the Rights of the Child (1989) Art. 27 

[11] International Covenant on Economic, Social and Cultural Rights (1976), Art. 11 

[12] CESCR General Comment No.12 (1999) 

[13] International Humanitarian Law (1949)Additional Protocol I, Art. 54 (and customary IHL)

[14] International Criminal Law (Rome Statute) , (2002)

[15] The International Covenant on Economic, Social and Cultural Rights (1976),Article 11

[16] The Universal Declaration of Human Rights(1948) Article 25