By Lara Kajs
Thinking Out Loud
This analysis examines the war in Gaza through the lens of international humanitarian law, focusing on the obligations of all parties to protect civilians and the role of international institutions in ensuring accountability during armed conflict.
Since the war in Gaza began following the Hamas attacks of 7 October 2023, the scale of destruction and civilian suffering has raised urgent questions about the conduct of war, the limits imposed by international humanitarian law, and the responsibility of the international community to prevent mass atrocities.
Israel’s Prime Minister, Benjamin Netanyahu, has framed the war as a necessary response to Hamas and a broader regional threat posed by Iran and its affiliated armed groups. In his July address to the United States Congress, Netanyahu argued that Israel’s war against Hamas is part of a wider struggle against Iranian influence in the region.
At the same time, the humanitarian consequences of the war in Gaza have been catastrophic. Tens of thousands of Palestinians have been killed, including large numbers of women and children, according to health authorities in Gaza and international organizations. Journalists, medical personnel, and humanitarian workers have also been among the dead. Hospitals, schools, and civilian infrastructure have suffered extensive damage.
Under international humanitarian law, civilian populations and protected sites—including hospitals, schools, and humanitarian personnel—must be safeguarded during armed conflict. Even when a military target is present, parties to a conflict are obligated to ensure that attacks meet the principles of distinction, proportionality, and necessity.
These legal obligations apply equally to all parties.
At the same time, the humanitarian consequences of the war in Gaza have been catastrophic. Tens of thousands of Palestinians have been killed, including large numbers of women and children.”
Accountability Under International Law
The events of 7 October, during which Hamas militants killed Israeli civilians and took hostages, constitute serious violations of international law and must be investigated and prosecuted accordingly.
At the same time, Israel’s military campaign has come under increasing international scrutiny. Cases have been filed before the International Court of Justice, and investigations by the International Criminal Court are ongoing. Human rights organizations and UN bodies have raised concerns about potential violations of international humanitarian law, including indiscriminate attacks and restrictions on humanitarian aid.
The central principle of international law is that no state or armed group is exempt from accountability.
Civilian populations cannot be subjected to collective punishment, and humanitarian assistance must be allowed to reach those in need. The deliberate obstruction of food, water, or medical aid can constitute a violation of international humanitarian law.
These standards are not political—they are legal obligations developed after the atrocities of the twentieth century, precisely to limit the brutality of war.
Regional Escalation
Beyond Gaza, tensions have expanded across the region. Israeli military operations in the occupied West Bank have intensified, and clashes with Hezbollah along the Lebanon border have raised fears of a broader regional war.
Each escalation increases the risk of wider conflict involving multiple actors across the Middle East, including Iran and its regional allies. Preventing regional war should remain a central priority of international diplomacy.
Ceasefire and Diplomatic Efforts
Efforts to negotiate a ceasefire have faced repeated setbacks. Mediated talks involving Egypt, Qatar, and the United States have attempted to secure the release of hostages and establish a framework for a sustained ceasefire.
However, negotiations have repeatedly stalled as both sides reject proposed terms or introduce new conditions.
Meanwhile, public pressure within Israel has grown, with demonstrations demanding that the government prioritize hostage negotiations and bring the war to an end. Across the world, protesters have called for an immediate ceasefire and expanded humanitarian access.
The Role of the International Community
The United States remains Israel’s most important strategic ally and holds considerable influence over the trajectory of the conflict. As a permanent member of the UN Security Council and a major supplier of military aid to Israel, Washington has the capacity to shape diplomatic outcomes.
Balancing support for Israel’s security with the protection of civilian life and adherence to international law remains one of the most difficult challenges facing U.S. policymakers.
Ultimately, lasting peace cannot be achieved through military force alone.
Israel has the right to defend itself and ensure the safety of its citizens. But long-term stability in the region will require addressing the political realities of the Israeli-Palestinian conflict, including questions of occupation, security, governance, and Palestinian self-determination.
Preventing Future Atrocities
The international legal framework developed after World War II was designed to prevent the kind of large-scale civilian suffering now unfolding in Gaza.
Those laws apply universally.
If the global community selectively enforces them—defending civilian lives in one conflict but ignoring them in another—the credibility of international law itself is weakened.
The challenge facing the international community today is not simply ending one war. It is reaffirming that the protection of civilian life and accountability for violations of international law remain fundamental principles of the international order.
Photo Credit: Team TGR in Gaza – taken by Jason Nzari
Published 4 October 2024
About Thinking Out Loud
Thinking Out Loud is a commentary series by Lara Kajs examining international law, humanitarian crises, and the prevention of mass atrocities. Drawing on field experience in conflict and displacement settings, the column explores the legal and policy challenges that shape contemporary conflicts
Lara Kajs is the founder and executive director of The Genocide Report, a Washington, DC-based educational nonprofit focused on atrocity prevention and international law. She is the author of several field-based books on conflict, displacement, humanitarian crises, and international humanitarian law, drawing on extensive research and field experience in Yemen, Syria, and Afghanistan. Her writing and public speaking focus on atrocity crimes, forced displacement, the protection of civilians, and the legal frameworks governing armed conflict.