The Israeli-Palestinian conflict is one of the most legally complicated in today’s world. The legal issues include definition of statehood, right to self-determination, use of force and right to self-defense, various rules of jus in bello, international protection of human rights, and anti-terrorism legal regime. The conflict, therefore, has given rise to intensive “lawfare” in the UN, the ICJ, and, most recently, the ICC. The most eminent recent example is the epoch-making 2024 Advisory Opinion of the ICJ on the “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.” Regarding the current Gaza conflict, in December 2023, South Africa filed an application instituting proceedings against Israel concerning alleged violations of its obligations under the Genocide Convention. In the ICC, in May 2024, the Prosecutor announced his application for arrest warrants for the leaders of both Hamas and Israel for alleged commission of war crimes and crimes against humanity. This chapter discusses the legal issues arising out of the 2023 Gaza conflict, focusing on international humanitarian law and gross violation of human rights as well as its possible consequences. The chapter first describes the legal background of the Gaza conflict, to be followed by analysis of relevant legal issues and the impact of the current conflict on those issues. The latter half of the chapter deals with the role of the ICC in the current conflict.

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The 2023 Gaza Conflict and International Law

  • Kuniko Ozaki

摘要

The Israeli-Palestinian conflict is one of the most legally complicated in today’s world. The legal issues include definition of statehood, right to self-determination, use of force and right to self-defense, various rules of jus in bello, international protection of human rights, and anti-terrorism legal regime. The conflict, therefore, has given rise to intensive “lawfare” in the UN, the ICJ, and, most recently, the ICC. The most eminent recent example is the epoch-making 2024 Advisory Opinion of the ICJ on the “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.” Regarding the current Gaza conflict, in December 2023, South Africa filed an application instituting proceedings against Israel concerning alleged violations of its obligations under the Genocide Convention. In the ICC, in May 2024, the Prosecutor announced his application for arrest warrants for the leaders of both Hamas and Israel for alleged commission of war crimes and crimes against humanity. This chapter discusses the legal issues arising out of the 2023 Gaza conflict, focusing on international humanitarian law and gross violation of human rights as well as its possible consequences. The chapter first describes the legal background of the Gaza conflict, to be followed by analysis of relevant legal issues and the impact of the current conflict on those issues. The latter half of the chapter deals with the role of the ICC in the current conflict.