Hamas attacked Israel in October 2023, firing missiles and taking hostages, which killed over 1,400 Israelis. In response, Israel launched Operation Iron Sword, extensively bombing Gaza and imposing a blockade. This caused over 4,385 Palestinian deaths, including many civilians. Both sides failed to distinguish civilians from combatants. Their actions likely constituted war crimes and crimes against humanity under the Rome Statute. International humanitarian law seeks to minimize civilian suffering during armed conflicts by requiring distinction and proportionality and facilitating humanitarian aid. Third states have obligations under treaties to prevent international crimes and protect civilians. De-escalation is crucial to prevent the conflict from worsening.

1. Centre for Management Studies and Research
Name of Student Disha Limbachiya
Enrollment Number 22254381007
Specialization MBA (International Business)
Semester 3
Subject Code IIIA01ILC
Subject Name International Legislation and Compliances
Submission Date 08-11-2023
Submitted to Ms. Sapana

2. Nature of International Law in Reference of Israel-Gaza Conflict
The acts that have been committed by Hamas on October 7 against Israel has put the whole
world in shock and has provoked Israeli government to start war of unknown magnitude and
character against Palestinian militant group.
Conduct of Hamas –
 On October 7, 2023, Hamas attacked Israel.
 Fired many missiles from Gaza into Israel.
 Sent armed groups into Israel attacking police and civilians.
 Took hostages including women and children.
 Attacked a public event causing civilian deaths.
 Continued firing rockets in Israel.
 Caused 1,400 deaths and over 4,100 people were wounded in Israel.
 Hamas claimed that this was in response to Israeli actions and issues at the Al-Aqsa
mosque.
Legal Analysis –
 Actions taken by the armed groups from Gaza constitutes war crimes under Article 8
of the Rome Statute which includes acts like: Willful killings, Taking hostages,

3. Outrages upon personal dignity, intentionally directing attacks against civilians and
civilian objects.
 Due to the widespread and systematic nature of these acts against civilians it amounts
to crimes under humanity under the Rome Statute which includes: Murder, Enforced
disappearance, Persecution, Other inhuman acts in this case taking the hostages to Gaza.
Response of Israel –
 The Israeli Defense Forces conducted a military operation called “Operation Iron
Swords” in Gaza.
 The operation involved extensive bombing on Gaza which caused significant damage
to the civilian areas and infrastructure.
 Numerous air strikes were conducted on densely populated areas like markets, schools,
hospitals, mosques and civilian convoys.
 Humanitarian services and UN facilities were affected by the bombardment.
 These military actions were preceded by the inflammatory language of the Israeli
government officials.
 A total blockade of Gaza was ordered resulting restricting the entry of essential supplies
like food, water, medicine and fuel.
 The blockade also affected electricity.
 The situation has raised concerns about the impact on Gaza’s civilian population.
 Over 4,385 people have been killed, including 1,756 children and 967 women.
 More than 13,561 people were injured.
 29 UNWRA staff members were killed and 17 were injured.

4.  Israel reportedly used white phosphorus bombs in attacks on Gaza city and the Israeli-
Lebanon border.
 Israel ordered about 1.1 million people in north part of Gaza to evacuate it to south part
in 24 hours causing humanitarian concerns.
 According to international law it is difficult for Israel to distinguish between civilians
and combatants.
Legal Analysis –
The actions of the Israeli Defense Forces members during “Operation Iron Sword” may
constitute war crimes and crimes against humanity.
 The war crime under the Roman Statute are
 Willful killings.
 Indiscriminate and intentional attacks on civilians and civilian objects.
 Intentionally targeting humanitarian workers.
 Extensive destruction of property without military necessity.
 Violation of prohibition of collective punishment which is against International
Humanitarian Law.
Crime against humanity under Rome Statute are
 Murder.
 Extermination.
 Persecution.
 Forcible transfer of population.
 Other inhumane acts.
Impact on civilians –

5.  Both Hamas and the Israeli Defense Forces failed to properly distinguish between
combatants and civilians during the conflict.
 The conflict has resulted in a total of 5,785 people killed, including Palestinians and
Israelis.
 It's important to adhere to the fundamental principles of international humanitarian law
to prevent civilian casualties in armed conflicts, including humanity, distinction,
military necessity, and proportionality.
 The use of inflammatory rhetoric by both sides is concerning, as it can contribute to
more severe atrocities, such as ethnic cleansing and even genocide.
 Dehumanization, as expressed by some senior figures in the Israeli Defense Forces, is
seen as a risk factor for mass atrocities, according to the United Nations Framework of
Analysis for Atrocity Crimes.
Third states obligations under International laws –
 Common Article 1 of the Geneva Conventions requires all states to respect and ensure
respect for the Conventions. This includes preventing violations and stopping ongoing
violations.
 The Convention on the Prevention and Punishment of the Crime of Genocide obliges
states to prevent genocide, including acts like killing, causing harm, and creating
conditions leading to physical destruction of a group.
 States should not assist or aid other states engaged in violations, as they become legally
responsible as well.
 Third states must cooperate to end serious breaches of international law.
 The Responsibility to Protect (R2P) principle states that every state is responsible for
protecting its own population from grave crimes, but the international community
should step in if a state fails.
 R2P applies to all states, including those in the region and Israel, and involves
preventing international crimes and protecting civilians, including creating
humanitarian corridors.
 Supporting parties involved in the conflict can worsen human rights violations,
international crimes, and civilian suffering.
 De-escalation of hostilities is crucial, as violence is spreading to other areas, increasing
the risk of the conflict worsening.

6. International Humanitarian Law
International humanitarian law (IHL) is a set of rules that seek to limit the effects of armed
conflict. It lays out the responsibilities of states and non-state armed groups during an armed
conflict.
It requires, among other things:
 The rapid and unimpeded passage for humanitarian aid during armed conflicts
 The freedom of movement for humanitarian workers in conflict areas
 The protection of civilians (including medical and humanitarian workers)
 The protection of refugees, prisoners, and the wounded and sick.
Importance of International Humanitarian Law –
 Protects Human Dignity: It safeguards the rights and dignity of individuals, particularly
during armed conflicts.
 Reduces Suffering: It aims to minimize the suffering and harm caused to civilians,
prisoners of war, and other non-combatants.
 Promotes Respect for Human Rights: It reinforces the respect for fundamental human
rights even in times of war.
 Prevents Excessive Force: It sets limits on the use of force and prohibits acts that would
cause unnecessary harm.

7.  Provides Legal Framework: It offers a legal framework that guides the conduct of
parties in armed conflicts.
 Ensures Accountability: It establishes accountability for those who violate its
principles, potentially deterring future violations.
 Humanitarian Assistance: It facilitates the delivery of humanitarian aid to affected
populations, ensuring access to essential supplies.
 Protects Medical Personnel: It safeguards the work of medical personnel and
humanitarian workers, allowing them to provide care in conflict zones.
 Safeguards Cultural Heritage: It protects cultural property and heritage during armed
conflicts.
 Maintains Stability: It contributes to maintaining stability and reducing the impact of
conflicts on societies and global peace.