Impact of Israel-Palestine war on Humanitarian Law

Jewish and Arab cultures are antagonistic and are fighting for control over territory, politics, and social spaces in the Israel-Palestine war, one of the bloodiest and longest. When the British seized Palestine from the Ottoman Empire after World War I, tensions between Arab and Jewish populations grew. The UN recommended Jerusalem as an international metropolis and an autonomous division into Jewish and Arab nations in 1947. The 1948 Arab-Israeli War resulted from the Arab leadership's rejection of the Jewish leadership’s acceptance. With the end of the war came the Nakba, or the displacement of hundreds of thousands of Palestinian Arabs, when Israel was established and the British Mandate was ended.

After the Six-Day War in 1967, Israel captured control of the Golan Heights, East Jerusalem, the West Bank, and the Gaza Strip. Later conflicts in 1956, 1967, and 1973 drastically altered the political and geographical conditions in the area. The Palestinians want a state that includes these regions, and Israel is expanding settlements there, which is against the Fourth Geneva Convention. These lands are still crucial to the struggle that has been going on for years. Since 2007, the Gaza Strip has been subject to a blockade that drastically restricts movement and economic activity, resulting in appalling living circumstances. The barrier is partially managed by Israel and restricted by Egypt. International Humanitarian Law prohibits a blockage as a form of punishment (IHL).

Numerous Israeli military operations, including Operation Protective Edge (2014), Operation Pillar of Defense (2012), Operation Cast Lead (2008), and Operation Guardian of the Walls (2021), have caused a great deal of property loss and deaths among civilians. Palestinian negotiations are made more difficult by the ideological divide between Hamas in Gaza and Fatah in the West Bank. IHL, which includes the Geneva Conventions, limits specific weapons and strategies and establishes guidelines for the treatment of injured, non-combatants, and prisoners of war. However, because civilian immunity is frequently broken due to the Israel-Palestine conflict, IHL application is complicated. For example, during the Gaza operation in 2014, nearly 2,100 Palestinians, primarily civilians, lost their lives, while Israeli civilians were also targeted by rocket assaults. Human shields have been suspected of being utilized by both sides.

Life in Gaza is badly impacted by problems including poverty, unemployment, and insufficient health supplies. The blockade and shelling of Gaza may be seen as collective punishment, which is prohibited by international humanitarian law. There are administrative and political obstacles in the way of international courts and organizations like the ICC pursuing justice. Along with larger regional crises like those between Israel and Iran, Neighboring nations like Jordan, Lebanon, and Egypt which are home to a large number of Palestinian refugees are also impacted.

With Hamas, Islamic Jihad, and Hezbollah in Lebanon backing violent activities and radical organizations in Israel encouraging militant attacks against Palestinians, the conflict’s intensification in the absence of political solutions has resulted in radicalization and terrorism. The effectiveness of international organizations like the UN and ICC in upholding international law and human rights is called into doubt by this circumstance. The US’ support of Israel and the Arab and Muslim world’s backing of Palestine polarize international collaboration on unrelated matters. It requires recognition, negotiations on topics like boundaries, the status of Jerusalem, security, and refugees, as well as assistance from international players like the US, EU, and regional organizations.

In order to provide basic necessities through the UNRWA and restore destroyed areas, humanitarian actions are critical for the suffering people. After 271 days of fighting, Gaza residents still lack access to essential supplies like food and water, as well as their homes and family. A million people in northern Gaza are said to have been ordered to evacuate, and Israel declared more evacuations in Khan Yunas and Rafah.

People who have moved around a lot say they want peace in the middle of all the conflict. Thousands have started to leave Khan Yunas as a result of Israeli military measures, which have affected 250,000 residents in southern Gaza. Even after guarantees regarding the European hospital in Khan Yunas and other declarations from Israeli authorities, medical facilities remain overcrowded and dangerous. Thousands of people have been forced to flee their homes and schools, and more than 15,000 children have died as a result of the fighting, which has also destroyed homes, hospitals, and other buildings. Gaza’s infrastructure has been severely damaged by the ceaseless bombing and military operations, which have also killed civilians including journalists and made the humanitarian situation worse.

Israeli officials continue to justify military actions as necessary for dismantling terrorist infrastructure, but the ongoing violence and civilian suffering highlight the need for a humanitarian and political resolution. The UN and international community face challenges in addressing the conflict, with calls for peace overshadowed by the relentless cycle of violence and displacement.

Prabin Kumar Yadav

BA LLB 

Kathmandu School of Law