The Gaza War from the Perspective of International Law

The Gaza War since October 7, 2023, has raised many legal questions. On the use of force, it may be most practical to see the Gaza War in the context of ongoing armed conflict between Palestine and Israel, with a possible parallel armed conflict of a non-international character. There are countless allegations of violations of International Humanitarian Law on both sides, ranging from hostage taking, torture and ill-treatment, direct targeting of civilians, civilian objects, and specially protected persons and objects, indiscriminate attacks, starvation as a method of war, forcible transfer of civilians, and the use of white phosphorus in densely populated areas. The International Court of Justice is looking into a possible Genocide. Human Rights Law adds two important points. One point is that the right to self-determination of Palestinian people has been affirmed repeatedly, although the right’s external scope is unclear at best. The other point is that the obligation to protect and promote the human rights of people in Gaza depends on the extent to which an actor exercises effective control. Overall, the Gaza War has exposed challenges of international law, not only in its implementation but also in its interpretation, causing what is called lawfare.