International Law in Gaza: Belligerent Intent and Provisional Measures

Abstract

On October 7, 2023, Palestinian armed groups, chiefly Hamas's armed wing, breached the fence around the Gaza strip and launched attacks on Israeli territory. Over several hours, Palestinian fighters killed 1,269 people, mostly civilians, engaged in sexual violence and torture, and took 253 hostages. The same day, Israel's Prime Minister Benjamin Netanyahu declared, “Israel is at war,” and the Israel Defense Forces (IDF) launched air strikes and later a ground invasion of Gaza. In the eleven months since, Palestinian groups have continued to hold, mistreat, and kill hostages and launched rockets into Israel's population centers. Meanwhile, the IDF has killed an estimated forty-one thousand people in Gaza, mostly civilians, engaged in sexual violence and torture of Palestinian detainees, damaged or destroyed most of the food, water, and medical infrastructure, and restricted humanitarian access, with dire consequences. Civilian casualty experts argue the death toll (which excludes the likely greater number killed “indirectly” through disease and deprivation) far exceeds what we have come to expect from contemporary military campaigns. Both sides have committed violations of International Humanitarian Law (IHL), too many to list individually.