In the escalating Israel-Hamas conflict, a sad reality is that international law and global institutions can do little to constrain the actions of the combatants on both sides or provide assistance to the millions at grave risk of harm, says this international law and human rights expert.
Men carry away an injured girl following an Israeli strike on the town of Deir Al-Balah in the central Gaza Strip on Oct 18 2023. - the law of armed conflict - aims to constrain how wars are fought. It is designed to protect noncombatants and limit the means of warfare.
Meanwhile, Israel has cut off water, electricity and fuel supplies to Gaza and ordered a total siege of the territory. Israel has also ordered residents of northern Gaza to evacuate to the south. Aid agencies have been unable to provide desperately needed humanitarian assistance to civilians through the border crossing with Egypt.
Attacks are considered unlawful if they are directed specifically against civilians, launched indiscriminately without distinction between civilians and combatants, or directed at military targets but anticipated to cause harm to civilians disproportionate to the military advantage being sought.It is unlawful to conduct war in a manner that causes unnecessary suffering. Attacks targeting civilians are fundamentally unnecessary and, therefore, illegal.
Rockets are fired from the Gaza Strip toward Israel over destroyed buildings following Israeli airstrikes on Gaza City, central Gaza Strip, Oct 19, 2023. However, holding Hamas accountable for violating international humanitarian law is very challenging. As a non-state actor, Hamas is not a member of forums like the UN, where pressure may be brought to bear on member states.
One key issue is Israel’s right to self-defence in response to the Oct 7 attack by Hamas. International law confirms a state may use force to defend itself in response to an armed attack. Israel, the United States and other allies contend the Hamas attack triggered Israel’s right to self-defence.
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