War Crimes and Legal Accountability in the 2023 Israel-Gaza Conflict

Abstract

Hamas's use of armed force against Israel precipitated a large-scale war. Both Israel and Palestine suffered significant losses, including civilian casualties and damage to civilian infrastructure. Given these events, it is crucial to assess the violations committed by both sides to offer recommendations for international alignment and post-conflict resolution efforts. This research examines visual and written online news coverage of war events during the conflict's first ten days, along with international responses. The study aims to evaluate potential violations committed by Israel and Hamas according to jus in bello principles, drawing from both international agreements and customary international law. Furthermore, this research will assess the international community's legitimacy regarding parties perpetuating the destruction. This research found that both Hamas and Israel have violated international law. Specifically, they violated jus in bello (humanitarian law), and Hamas additionally violated jus ad bellum (the law of aggression). Conversely, Israel's actions in self-defense are considered illegal. As a result of these violations, both Hamas and Israel could potentially be held accountable before the International Criminal Court.