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Since the year, month, and day, Israel's attacks on Gaza and international law

Based on a multidimensional legal assessment of the right to war, wartime law, and international judicial mechanisms, this analysis examines the controversies and practices in the application of international law during conflicts.

Detail

Published

23/12/2025

Key Chapter Title List

  1. Israel's Actions and International Law Prior to October 7
  2. Assessing Israel's Actions on and after October 7 from the Perspective of Jus ad Bellum
  3. Assessing Israel's Conduct on and after October 7 from the Perspective of Jus in Bello
  4. Israel's Actions and International Judicial Mechanisms
  5. The Statehood of Palestine under International Law
  6. Assessment of Israel's Conduct under International Criminal Law (Crime of Aggression, War Crimes, Crimes Against Humanity, Crime of Genocide)
  7. Ongoing Judicial Proceedings at the International Criminal Court
  8. Ongoing Judicial Proceedings at the International Court of Justice
  9. Judicial Opinions on Israel's Conduct in Palestine
  10. Rules to be Observed During Armed Conflict and Consequences of Violations

Document Introduction

On October 7, 2023, following military action by the Al-Qassam Brigades, the military wing of Hamas, against Israel, Israel launched a large-scale and sustained military assault on Gaza. This conflict, which has lasted nearly a year, has triggered a severe humanitarian crisis and international legal controversy. This report, based on the core principles and rules of international law, focuses on three key issues: whether Israel's attacks meet the legitimacy requirements of the right to self-defense, whether its actions violate international humanitarian law and the related determination of crimes, and the progress and impact of international judicial proceedings against Israel.

The report first outlines the historical context of the Palestinian territorial issue since the 1947 UN Partition Resolution, clarifying the international legal basis regarding Israel's occupation status and Palestinian statehood, including multiple United Nations Security Council resolutions and advisory opinions of the International Court of Justice. From the perspective of jus ad bellum, the report provides an in-depth analysis of the prohibitions and exceptions regarding the use of force under the UN Charter, pointing out the legitimacy deficiencies in Israel's justification for the attacks based on self-defense and counter-terrorism, particularly the core controversy over its actions exceeding necessity and proportionality.

Within the framework of jus in bello, the report systematically assesses Israel's violations of international humanitarian law, detailing acts such as the intentional killing of civilians, attacks on civilian infrastructure, destruction of medical and religious facilities, and the perpetration of sexual humiliation and illegal detention. From the perspective of international criminal law, it substantiates the factual basis for these acts constituting the crime of aggression, war crimes, and crimes against humanity, while also discussing the criteria and relevant evidence for the crime of genocide.

The report also highlights the international judicial processes concerning Israel, including the International Criminal Court's applications for arrest warrants against senior Israeli officials, the progress of the South Africa v. Israel genocide case and the Nicaragua v. Germany case at the International Court of Justice. It analyzes the significance of these judicial proceedings in curbing unlawful conduct and safeguarding the rights of Palestinians.

Based on authoritative sources such as UN agency data, international judicial documents, and field investigation records, this report provides rigorous academic analysis and legal argumentation for understanding the application of international law in this conflict. It holds significant reference value for scholars of international relations, practitioners of international law, researchers of geopolitics, and others.