In accordance with the fundamental principle that “civilians should not be the targets” of attacks, international humanitarian law establishes rules that combatants in war must respect, rules that also apply in the event of an armed conflict between Israel and the Gaza Strip, according to analysis by The Guardian

In the context of the horrific attacks by the Islamist group Hamas on Israel and the Israeli army’s response in Gaza, there have been calls for both sides to respect international law, which both are accused of violating.

According to The Guardian, the methods and means authorized in wartime are dictated by international humanitarian law, or “jus in bello,” which includes the 1949 Geneva Conventions and 1977 protocols.

A fundamental principle of international humanitarian law, applicable to all actors, not just state actors, is that civilians should not be targeted. The law also states that an attack should not be carried out if it is “expected to cause the death or injury of civilians, the destruction of civilian objects, or a combination thereof”, which would be excessive in relation to the expected military gains, writes The Guardian.

Other provisions prohibit hostage-taking, excessive destruction and confiscation of property, and attacks on hospitals. Another clause states that access to humanitarian aid for civilians should be allowed where necessary.

Self-defense

Self-defense, which Israel invokes in its response against Gaza, is one of the justifications for the war. This is provided for in Article 51 of the UN Charter, which provides for such a right “in the event of an armed attack.” However, the legitimate exercise of self-defense does not allow a state to resort to unlimited means and falls under the jus in bello to minimize civilian casualties during armed conflicts, The Guardian analysis shows.

According to the quoted source, EU foreign policy chief Josep Borrell said on Tuesday: “Israel has the right to defend itself, but it must do so in accordance with international law, humanitarian law.”

International crimes

International criminal law, which falls under the jurisdiction of the International Criminal Court (ICC) and national courts, also applies. The ICC has jurisdiction over individuals for war crimes, crimes against humanity and genocide and, to a limited extent, the crime of aggression or the initiation of an illegal war, writes The Guardian. The ICC describes war crimes as “serious violations of the Geneva Conventions” as well as “other serious violations of the laws and customs applicable to international armed conflicts.” This entails a violation of international humanitarian law, including some of the provisions described above.

Crimes against humanity include killing, extermination, and deportation or forcible transfer of populations “when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack itself.”

According to an analysis by The Guardian, war crimes and crimes against humanity are the most likely crimes to be investigated and prosecuted in the context of the ongoing conflict between Israel and the Gaza Strip.

Both sides have also been charged with genocide, although this is a more difficult crime to prosecute as it prohibits “acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group”. Unlike war crimes, crimes against humanity and genocide do not necessarily have to occur in the context of armed conflict.

Israel is not a member of the ICC, but Palestine joined in 2015, and crimes committed on Palestinian territory may fall under the jurisdiction of the ICC.

In 2021, the ICC opened an investigation into alleged war crimes in the Palestinian territories, committed by both Israelis and Palestinians, including during the 2014 Gaza war. As The Guardian writes, Israel strongly opposed this investigation.