Authored By: Zunaira Ahmed
Jogesh Chandra Chaudhuri Law College
ABSTRACT
The Gaza emergency has turned into one of the most critical humanitarian and legal issues of the 21st century. Rooted in the long-standing Israel–Palestine conflict, the crisis underscores the devastating effects of modern warfare on civilians and raises serious questions about the effectiveness of international law. This article dives deep into the Gaza conflict through the framework of international humanitarian law (IHL), based on the principles of distinction, proportionality, and civilian protection. It examines allegations of war crimes by both Israeli and Palestinian sides, including indiscriminate attacks, blockade policies, and hostage-taking. The discussion also examines mechanisms for global accountability, including the International Criminal Court (ICC), the International Court of Justice (ICJ), United Nations processes, and national courts with universal jurisdiction. By evaluating both the legal framework and political challenges to enforcement, the article argues that the Gaza crisis not only reveals the weaknesses of humanitarian law in practice but also tests the credibility of global justice systems.
KEYWORDS : International humanitarian law, War crimes, Gaza conflict, International Criminal Court, International accountability
INTRODUCTION: GAZA AT THE CROSSROADS OF LAW AND WAR
The Gaza Strip, a territory covering 140 square miles (365 sq. km) in the state of Palestine and has an estimated population of 2.1 million people, making it one of the most densely populated areas in the world[1]. It has become one of the world’s most unfortunate and volatile conflict zones. Since October 7, 2023, when Hamas and other Palestinian armed groups launched unprecedented attacks on Israel, the subsequent Israeli military response has created a humanitarian catastrophe that challenges the very foundations of the laws of war. With over 44,000 Palestinians reported killed by late November 2024[2], including 70% women and children,[3] and nearly the entire population of 2.3 million forcibly displaced,[4] Gaza represents more than a regional conflict—it has become a challenge that will determine the future of international justice and humanitarian protection in modern warfare.
UNDERSTANDING HUMANITARIAN LAW: THE RULES THAT GOVERN CONFLICT
International humanitarian law, also known as the laws of war, is a part of international law that seeks to impose limits on the destruction and suffering caused by armed conflict[5]. IHL, or the laws of war, has existed in some form for thousands of years, but the modern version is outlined in the Geneva Conventions of 1949[6], alongside other treaties and customary international law[7]. The fundamental rule of international humanitarian law in conflict is that all parties must distinguish, at all times, between combatants and civilians. Civilians and civilian objects must never be the target of attack; parties may only target combatants and military objectives.[8]. IHL and human rights law are similar in some ways, as both bodies of law strive to protect the lives, health, and dignity of individuals; the mere difference between them is that these are the two branches of public international law and have developed separately, have different scopes of application, and are contained in different treaties[9].
The role of IHL in the Gaza crisis is to set the rules of engagement, protect civilians, ensure humanitarian aid, and provide the legal yardstick to evaluate alleged war crimes. While it cannot by itself stop the violence, it is the framework used by courts, the UN, and the international community to judge the conduct of both Israel and Hamas.
CIVILIANS IN THE CROSSFIRE: HOW GAZA TESTS THE LAWS OF WAR
Gaza’s unique characteristics as one of the world’s most densely populated areas, with 2.3 million people concentrated in 365 square kilometres, present unprecedented challenges for applying IHL.[10]. The UN Human Rights Office has verified that close to 70% of fatalities in Gaza have been children and women, “indicating a systematic violation of the fundamental principles of international humanitarian law, including distinction and proportionality”.[11]
The use of explosive weapons with wide-area effects in densely populated areas violates core IHL principles due to the high risk of indiscriminate harm to civilians. The International Committee of the Red Cross (ICRC) and the UN Secretary-General have called for an avoidance policy of such weapons in populated areas to reduce civilian harm.[12].
Israeli military operations have consistently targeted civilian infrastructure in Gaza, including hospitals, schools, and residential buildings, with over 500 attacks on healthcare infrastructure documented by the World Health Organization from October 2023 through July 2024[13]. Such attacks on medical facilities violate the special protection afforded to medical personnel and hospitals under international humanitarian law.
The deliberate destruction of civilian objects, which is required for the survival of the civilian population, including water and sanitation systems, is prohibited under IHL and constitutes a war crime under international law[14]. Such acts violate treaty and customary law protections, including Article 54 of Additional Protocol I to the Geneva Conventions and customary IHL rules reinforced by the Rome Statute of the International Criminal Court[15].
Simultaneously, Hamas and other Palestinian armed groups have committed serious violations, including attacks directed against civilians, sexual violence, and the taking of hostages, all of which constitute war crimes and potentially crimes against humanity under international law.[16]
DEFINING WAR CRIMES: WHEN VIOLATIONS BECOME INTERNATIONAL CRIMES
A war crime is an act of violation of international and customary rules governing the conduct of warfare and armed conflict. According to the Rome Statute of the International Criminal Court (ICC), war crimes are defined as “grave breaches of the Geneva Conventions of 12 August 1949”. These violations include actions like torture; deliberately causing severe physical pain or bodily harm, and extensive destruction and appropriation of property, not justified by military necessity.[17].
In general, War crimes involve intentionally causing excessive destruction and intentionally harming or killing civilians or prisoners of war. This includes acts of rape and sexual violence, torture, genocide, and forced displacement.[18]
In the context of the Gaza conflict, allegations against both Israeli forces and Hamas fighters include multiple acts fitting the Rome Statute’s criteria of war crimes, from intentional attacks on civilians to the use of starvation tactics. Understanding the legal definitions is thus essential to distinguishing lawful military actions from prosecutable international crimes.[19]
ACCUSATIONS ON BOTH SIDES: ISRAEL, HAMAS, AND THE BURDEN OF PROOF
A UN Independent International Commission of Inquiry has determined that both Israeli and Palestinian official armed groups have committed war crimes and other serious violations of international law during the Gaza conflict. Israeli forces were found responsible for war crimes, including starvation as a method of warfare, intentionally attacking civilians and civilian objects, carrying out forced transfers, committing sexual violence, using torture, and crimes against humanity such as extermination and gender persecution. Palestinian armed groups, including Hamas, committed war crimes such as intentionally directing attacks against civilians, murder, torture, taking hostages (including children), and sexual and gender-based violence. The Commission stressed the importance of accountability to stop the cycles of violence and uphold international law[20].
Israeli officials have described international legal actions as “antisemitic,” even as they continue to claim their right to self-defence. Palestinian officials argue that Israel’s actions amount to genocide and systematic persecution. The burden of proof in international criminal law requires showing both the material elements of crimes and the mental element (intent behind them), which makes prosecuting individuals in ongoing conflicts particularly difficult.
GLOBAL ACCOUNTABILITY MECHANISMS: CAN JUSTICE BE ENFORCED?
The international accountability architecture faces significant limitations in addressing the Gaza conflict. The system relies on multiple overlapping mechanisms, each with distinct mandates and jurisdictions. These include the International Criminal Court for individual criminal responsibility, the International Court of Justice for state responsibility, United Nations bodies for investigation and documentation, and national courts exercising universal jurisdiction.
The Role of the ICC
In November 2024, the International Criminal Court (ICC) issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu, former defence minister Yoav Gallant, and Hamas military commander Mohammed Deif for war crimes and crimes against humanity.[21]. However, the effectiveness of the Court has been undermined by sanctions against ICC officials, threats to its independence, and the refusal of key states to acknowledge its jurisdiction.
The ICJ and State Responsibility
The International Court of Justice (ICJ) has heard South Africa’s genocide case against Israel and has issued provisional measures requiring Israel to prevent acts of genocide and to allow humanitarian aid to flow[22]. Additionally, an advisory opinion from the court has condemned Israel’s occupation as illegal and comparable to apartheid. The lack of compliance with these measures highlights the ICJ’s limited enforcement power, especially in the absence of political support.
United Nations and Political Gridlocks
The UN Security Council has been paralyzed by the repeated use of veto power, especially by the United States, which blocked multiple resolutions calling for an immediate and permanent ceasefire in Gaza as well as enhanced accountability for violations of international law. In June 2025, the United States was the lone Security Council member to veto a draft resolution demanding a ceasefire and the unconditional release of hostages, while all other members supported the measure amidst an escalating humanitarian crisis. Political divisions among member states have stymied collective action, leading UN experts to decry inaction as undermining the core foundations of international law.[23].
Universal Jurisdiction in National Courts
Countries like Belgium and Canada have launched investigations into alleged war crimes committed by their nationals in Gaza under universal jurisdiction laws. In July 2025, Belgian authorities questioned two Israeli soldiers in connection with war crimes allegations while they were attending a music festival, subsequently referring the case to the International Criminal Court.[24]. Meanwhile, Canada has opened structural investigations concerning possible atrocities committed by Canadian-Israeli soldiers in the Israel-Palestine conflict.[25]. While these probes signal growing intolerance for impunity, actual prosecutions remain rare, constrained by legal, diplomatic, and evidentiary challenges.[26].
However, this fragmented system struggles with enforcement challenges, particularly when powerful states refuse cooperation or actively obstruct proceedings. The effectiveness of accountability mechanisms depends heavily on political will and international support, which has been notably absent in the Gaza context.
LAW VS. POLITICS: THE LIMITS OF INTERNATIONAL JUSTICE
The Gaza conflict has exposed the fundamental tension between legal obligations and political interests in international justice. Despite overwhelming evidence of war crimes by multiple parties and binding orders from international courts, enforcement remains elusive due to political considerations. The United States’ protection of Israel through vetoes and sanctions on international courts demonstrates how powerful states can undermine the rule of law when it conflicts with their interests.
Legal scholars argue that this political interference threatens the entire international legal system. As one expert noted, “We are at a critical juncture, and the outlook is not promising”. The failure to enforce international law in Gaza risks establishing a precedent that powerful states and their allies can act with impunity.
WHY GAZA MATTERS BEYOND THE MIDDLE EAST
Gaza’s significance extends far beyond the immediate conflict. The systematic violations of IHL and the international community’s failure to respond effectively sends “a dangerous message suggesting that parties to other conflicts around the world need not comply with their obligations under international humanitarian law”. The precedent established in Gaza will influence how future conflicts are conducted and whether international law retains any meaningful constraining power.
The attacks on international justice mechanisms, particularly the ICC and ICJ, represent an unprecedented challenge to the rules-based global order. If these institutions can be undermined with impunity, the entire framework of international accountability may collapse, leaving civilians worldwide more vulnerable to atrocity crimes.
CONCLUSION: THE FUTURE OF HUMANITARIAN LAW IN MODERN WARFARE
Gaza serves as a pivotal moment for international humanitarian law and global justice. The ongoing conflict starkly highlights the enduring significance of international humanitarian law (IHL) principles, while also exposing their critical limitations in the face of political obstruction and systematic non-compliance. Despite substantial evidence of war crimes and crimes against humanity meticulously recorded through legal frameworks, the enforcement of these laws is predominantly hindered by a lack of political will, which has been alarmingly absent.
The future of humanitarian law in the context of modern warfare hinges on the international community’s ability to break free from the entrenched political gridlock that has stifled a meaningful response to the situation in Gaza. This challenge requires not only a reinforcement of existing accountability measures but also the development of innovative strategies that can effectively navigate political interference. Universal jurisdiction emerges as a promising avenue for progress, but its efficacy rests on sustained international cooperation and an unwavering commitment to the rule of law.
Ultimately, Gaza’s legacy will be assessed not merely by the legal precedents it establishes but by its potential to inspire genuine reform in international justice mechanisms or to signal their alarming collapse. The stakes have never been higher; the safety of civilians in future conflicts hangs in the balance. As UN experts have emphatically warned, the world is confronting “a severe moral and humanitarian failure” that demands immediate and resolute action to uphold the fundamental principles that govern civilized behaviour in warfare. We must act decisively to ensure justice and protect the most vulnerable among us.
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[2] Palestinian Officials Say 44,000 Have Died in Gaza During Israel–Hamas War, PBS NewsHour (Nov. 21, 2024), https://www.pbs.org/newshour/world/palestinian-officials-say-44000-have-died-in-gaza-during-israel-hamas-war.
[3] Nearly 70 Percent of Deaths in Gaza Are Women and Children: U.N., Al Jazeera (Nov. 8, 2024), https://www.aljazeera.com/news/2024/11/8/nearly-70-percent-of-deaths-in-gaza-are-women-and-children-un.
[4] Israel Persists in Genocide Against Gaza: Forced Displacement, Mass Killings and Systematic Destruction of Entire Cities, Palestinian Centre for Human Rights (June 30, 2025), https://pchrgaza.org/israel-persists-in-genocide-against-gaza-forced-displacement-mass-killings-and-systematic-destruction-of-entire-cities/
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[6] Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 U.S.T. 3516, 75 U.N.T.S. 287.
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[8] Id.
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[10] Factsheet December 2023: Blast Impacts: Looking into the Consequences of Explosive Weapons in Gaza, ReliefWeb (Dec. 6, 2023), https://reliefweb.int/report/occupied-palestinian-territory/factsheet-december-2023-blast-impacts-looking-consequences-explosive-weapons-gaza (last visited Aug. 23, 2025).
[11] Gaza Women, Children Are Nearly 70% of Verified War Dead, UN Rights Office Says, Reuters (Nov. 8, 2024), https://www.reuters.com/world/middle-east/nearly-70-gaza-war-dead-women-children-un-rights-office-says-2024-11-08/ (last visited Aug. 23, 2025).
[12] Explosive Weapons with Wide Area Effects: A Deadly Choice in Populated Areas, ICRC (Apr. 2024), https://cms.ewipa.org/uploads/Indirect_Effects_of_Explosive_Weapons_in_Populated_Area_ICRC_Recommendations_Apr_2024_fc0184fc1b.pdf (last visited Aug. 23, 2025).
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[17] Dan Fields, What Is a War Crime? A Former U.S. State Department Foreign Affairs Officer Provides a Primer, USC Dornsife (Jan. 14, 2023), https://dornsife.usc.edu/news/stories/what-is-a-war-crime/ (last visited Aug. 23, 2025).
[18] Id.
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[22] Gaza: Israel must implement Provisional Measures ordered by the International Court of Justice, ICJ (May 16, 2024), https://www.icj.org/gaza-israel-must-implement-provisional-measures-ordered-by-the-international-court-of-justice/ (last visited Aug. 24, 2025).
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[24] Belgium refers war crimes complaint against Israeli soldiers to ICC, AL JAZEERA (July 30, 2025), https://www.aljazeera.com/news/2025/7/30/belgium-refers-war-crimes-complaint-against-israeli-soldiers-to-icc (last visited Aug. 24, 2025).
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[26] ‘I’m afraid to go home’: Canadian IDF soldiers fear fallout from war crimes probe, THE TIMES OF ISRAEL (July 20, 2025), https://www.timesofisrael.com/im-afraid-to-go-home-canadian-idf-soldiers-fear-fallout-from-war-crimes-probe/ (last visited Aug. 24, 2025).
