Besiegement and the Conduct of Hostilities in the Gaza Strip: Applying International Humanitarian Law to Israeli Actions in the Hamas-Israel Conflict

Abstract

The main aim of this bachelor thesis is to prove that Israel is breaching International Humanitarian Law (IHL) in its ongoing conflict with Hamas through their siege and military campaigns. My primary research question that guides this thesis is, ‘In what ways is Israel breaching IHL in its conflict with Hamas?’ I believe there are two levels to this conflict and therefore two levels within which breaches occur: outside of military engagment via besiegement and within military engagement via the conduct of hostilities. Thus, I will be examining Israel’s siege of Gaza and their most recent military engagement in 2014. I start by asking ‘Which laws of war apply to Israel in its armed conflict with Hamas forces – international or non- international, and why?’ I posit that it is an international armed conflict, specifically because Israel is occupying Gaza despite officially terminating the occupation in 2005. I also argue that it should be classified as such even if one rejects that an occupation exists. This analysis helps us deterimine which humanitarian laws are applicable to both levels of the conflict. The armed conflict between Hamas and Israel occurs outside of the conduct of hostilities via the besiegement of the Strip so I begin the analysis from this level. My mission in that chapter is to prove that the siege of the Strip breaches IHL – notably the customary rules regarding sieges and blockades. The application of the LOO to the siege and conflict as a whole is outside the ambit of this thesis. I also seek to show that it breaches customary and treaty-based rules regarding collective punishment and indiscriminate attacks, breaching the fundamental IHL principles of distinction and proportionality. The final chapter turns toward the most recent war – Operation Protective Edge – to analyze Israel’s conduct of hostilities through a lens of distinction and proportionality. I aim to prove, through 3 events involving numerous civilian deaths and damage to civilian objects, that Israel breached critical IHL obligations. Finally, I impart a few closing remarks on the search for accountability, IHL enforcement, and recommendations for further research.