The UKLFI Charitable Trust is a UK charity set up to advance legal education on Israel and antisemitism and to provide legal support to victims of antisemitism, particularly antisemitism which manifests itself with regard to Israel. They have written about the legality of various allegations against the State of Israel.
This Q&A summarises the international law of armed conflict on key issues relevant to the recent military action in the Gaza Strip and its potential continuation, together with our views on whether the Israel Defence Forces and Hamas have complied.
We have tried to describe the legal requirements in a way that can be understood by non-lawyers. It is a simplified explanation which does not include all details; extensive further information is available on the ICRC Database of Customary International Humanitarian Law.
Example Q&A
Is a party to an armed conflict obliged to take precautions to protect its own civilians and civilian objects against the effects of attacks by another party?
Yes. Each party to an armed conflict has an obligation to take all feasible precautions to protect the civilian population and civilian objects under its control against the effects of attacks by another party. So far as feasible, it must avoid locating military objectives within or near densely populated areas and remove civilian persons and objects from the vicinity of military objectives. The use of human shields is prohibited.
Has Hamas violated its obligation to take precautions to protect civilians and civilian objects under its control?
Yes, Hamas has violated this obligation
- by conducting military operations and storing weapons and other military equipment in, around and underneath civilian buildings,
- by failing to remove civilians from the vicinity of military objectives,
- by obstructing civilians who wish to leave these areas, and
- by reserving underground shelters for military use instead of for the protection of civilians.
By these violations Hamas seeks either to deter strikes by the IDF or to gain propaganda victories if the IDF is not deterred, furthering its strategic objective of getting the international community to force a ceasefire on Israel before Hamas is destroyed.