How international law applies to war, and why Hamas and Israel are both alleged to have broken it

Both Hamas and Israel have been accused of violating international law in their recent conflict, and the United Nations is gathering evidence of war crimes committed by all parties involved.

It is challenging to uphold the law during times of war. Bringing those responsible to justice after conflicts end has frequently been difficult to achieve.

Here are a few of the concerns being examined.

What are the regulations governing warfare?

The regulations of armed conflict are dictated by a collection of globally acknowledged laws and resolutions, such as the United Nations charter. This charter forbids acts of aggression while granting nations the privilege of defending themselves.

Battlefield behavior has international humanitarian laws including the Geneva Conventions, drawn up after World War II and agreed on by almost every nation.

In 1949, four agreements were established to ensure humane treatment of civilians, the wounded, and prisoners during times of war. These agreements prohibit acts such as murder, torture, hostage-taking, and any form of degrading treatment. Additionally, they oblige combatants to provide care for the sick and wounded from the opposing side.

The regulations are applicable to both international wars and conflicts, such as the Israel-Hamas dispute, where one of the involved parties is not a recognized nation-state.

The founding Rome Statue of the International Criminal Court is an important document in the law of war. It outlines various actions that are considered war crimes, such as deliberate attacks on civilians, civilian settlements, or humanitarian workers. Additionally, it includes acts like unnecessary destruction of property, sexual violence, and illegal deportation.

Certain types of weapons, such as chemical or biological munitions, are prohibited by other agreements. These agreements have been signed by most countries, although not all.

Did Hamas engage in acts that violate the laws of war?

Hamas has launched numerous rockets towards Israeli towns and cities, and on Oct. 7, they deployed a large number of armed individuals from Gaza across the border. These individuals targeted and caused harm to civilians, including children and elderly individuals, within their residences and communities. Additionally, they also abducted a significant number of people. According to Israel, the death toll reached a minimum of 1,400 individuals, with 199 others being kidnapped.

Haim Abraham, a lecturer in law at University College London, said the evidence of crimes is clear.

“He stated that the killing of innocent people in their residences and the abduction of civilians as hostages are undoubtedly acts of war crimes.”

Jeanne Sulzer, a lawyer with the Commission for International Justice of Amnesty International France, said the Geneva Conventions state that “civilians should never be taken hostage. If they are, that may be characterized as a war crime.”

Is Israel’s response within the bounds of the law?

The Gaza Strip, which is under the control of Hamas, has been heavily attacked by the Israeli military through airstrikes. Additionally, the delivery of essential supplies like food, water, fuel, and electricity has been blocked. In anticipation of a potential ground invasion, people have been instructed to evacuate the northern part of the strip. According to authorities in Gaza, the continuous bombardment has resulted in a tragic loss of 2,800 lives and 11,000 injuries.

Critics claim that Gaza’s 2 million residents are being subjected to collective punishment by Israel.

The International Committee of the Red Cross, based in Geneva, has stated that the directive for numerous individuals to evacuate their residences, along with the deliberate blockade preventing them from accessing basic necessities like food, water, and electricity, goes against the principles of international humanitarian law.

The Israeli military claims to adhere to international law and exclusively targets valid military objectives while attempting to eliminate militants who hide among civilians.

Israel has been accused by Human Rights Watch of employing munitions that contain white phosphorus. While the use of this incendiary substance is not prohibited, its deployment in heavily populated regions has faced significant criticism. The Israeli Defense Force has refuted allegations of utilizing white phosphorus as a weapon in Gaza.

Is it possible to hold lawbreakers accountable?

The current conflict is being investigated by a United Nations Commission of Inquiry, which aims to gather and safeguard evidence of war crimes committed by all parties involved. This evidence may potentially contribute to the ongoing investigation conducted by the International Criminal Court regarding the situation in the Palestinian territories.

The ICC, located in the Netherlands, has the authority to hold accountable officials from nations for their violations and provide compensation to victims. However, certain countries such as the United States, Russia, and Israel do not acknowledge the court’s jurisdiction. Additionally, the ICC lacks a police force to carry out arrest warrants.

Are there alternative routes available?

While the ICC is the only permanent international tribunal set up to prosecute war crimes, other international courts including the International Court of Justice and the European Court of Human Rights can hear cases related to alleged violations. So can domestic courts in Israel or elsewhere, Under U.S. law, American victims could try to bring claims for compensation against Hamas in U.S. courts.

As with Russia’s invasion of Ukraine, the prospect of prosecuting war crimes in the current conflict seems remote. But Amnesty International’s Sulzer said, “Legal initiatives are already a reality.” She said French national and dual citizen victims of the Hamas attacks have already filed complaints in French courts.

Sanctions can be imposed in response to violations of international law, as seen with the measures taken against Russia by the United States, the European Union, and other countries following their invasion of Ukraine. In exceptional circumstances, authorized military intervention by the United Nations may also occur.

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This story was contributed by Elaine Ganley, a writer for the Associated Press based in Paris.