Hamas-Israel War (2023) And International Humanitarian Law: A Critical Analysis

Abstract

The 2023 Hamas-Israel conflict has triggered widespread humanitarian concerns, particularly regarding the application of International Humanitarian Law (IHL). This article critically examines the legal implications of the conflict, focusing on the classification of the war, violations of IHL, and the protection of civilians. A key gap identified is the ambiguity surrounding whether the conflict should be classified as an international or non-international armed conflict (IAC or NIAC), with significant consequences for the enforcement of IHL. The article employs a qualitative legal analysis to evaluate the current framework of IHL and its effectiveness in addressing violations by both parties. Key findings highlight the complexity of enforcing IHL due to political biases, the asymmetry of the conflict, and difficulties in gathering evidence in an active war zone. The article also reveals that the classification of the conflict directly affects the scope of civilian protections and international interventions. The research provides recommendations to strengthen IHL enforcement, such as expanding universal jurisdiction for war crimes and clarifying the proportionality principle. These suggestions aim to improve civilian protections and ensure more effective accountability in future conflicts. This study adds to the literature by offering a nuanced understanding of the challenges faced in enforcing IHL during ongoing, politically charged conflicts and the potential reforms necessary to safeguard civilians.