In Gaza, mass starvation, forced displacement, mutilation of bodies and the bombing of innocent civilians has become the new norm for its 2.1 million residents (Anera, 2025). There’s nothing normal about this.
The 1948 Nakba marked the violent displacement and massacre of Palestinians as Zionist militias expelled thousands from their homes to establish the state of Israel, a byproduct of Zionist ideology advocating for the creation of a Jewish homeland. In the pre-colonised Palestinian village of Tantura, Israeli forces killed hundreds of civilians and disposed of their bodies in mass graves (McKernan, 2023). Today, car parks and tourism sites occupy these gravesites, surrounded by the “breathtaking view, nature and heritage” of Tel Dor beach (Israel Nature and Parks Authority, n.d.).The establishment of tourist sites and illegal settlements above the remains of deceased Palestinians is a tale known all too well to the state of Israel. Israel’s ongoing occupation of Palestinian territories and its armed conflict in both Gaza and the West bank have resulted in numerous war crimes and humanitarian law violations. So why has Israel never been held to account?
International law consists of rules and principles that govern the relations and conduct of states and international organisations. Its primary purpose is order, cooperation and peaceful resolution of disputes that prioritise the safety of civilians. International law does not exist as one body or instrument that all states must comply with, but rather involves various sources including treaties, customs and declarations that have differing levels of legal authority. This discussion does not attempt to outline every legal instrument applicable to Israel, but will focus on key treaties and humanitarian principles to which Israel is bound, and has been found to be non-compliant.
The United Nations
The United Nations is an international organisation with its primary purposes and principles enshrined in the UN Charter (1945). This treaty is legally binding and considered to be foundational to international law mandating Israel to uphold international peace and human rights. There are six principal organs of the UN, one of which is the UN Security Council, which has the power to issue legally binding resolutions under chapter VII. This may include ceasefires, sanctions, withdrawal from occupied territory and compliance with humanitarian law (United Nations,1945, Chapter VII). The Security Council comprises of 15 member states, five of which are permanent and hold a veto power toward proposed resolutions. These five states can unilaterally reject a drafted resolution, preventing it from being adopted. These five member states include China, France, Russia, the United Kingdom and the United States. The United States has used its veto power to block resolutions critical of Israel 45 times as of December 2023 (O'Dell, 2023). Most recently, it exercised its veto power on June 4 2025 to reject a draft resolution calling for an immediate and permanent ceasefire in Gaza (United Nations, 2025). It is unlikely that a resolution benefiting Gaza and restricting Israel’s use of force will be implemented by the UN Security Council due to persistent use of these powers, significantly reducing its effectiveness at upholding international law and promoting human rights.
The Geneva Conventions
The Geneva Conventions are a set of international treaties that set standards for the humane treatment of civilians and combatants during war and armed conflict (International Committee of the Red Cross, 1949). On 6 July 1951, Israel ratified the Geneva Conventions, therefore becoming legally bound by all four treaties:
I. Geneva Convention for the Amelioration of the Condition of the Wounded & Sick in Armed Forces in the Field, of August 12, 1949.
II. Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, of August 12, 1949.
III. Geneva Convention relative to the Treatment of Prisoners of War, of August 12, 1949.
IV. Geneva Convention relative to the Protection of Civilian Persons in Time of War, of August 12, 1949.
Under article four of part four of the Geneva Conventions, the Palestinian people are considered ‘protected persons’ for the purpose of these treaties (International Committee of the Red Cross, 1949, Art. 4). As the occupying power in Gaza, the West Bank and East Jerusalem, it is Israel’s legal duty to protect Palestinian civilians during conflict. Video footage, images and witness accounts from Gaza suggest widespread and repeated violations of these obligations. For instance, article 16 confers the wounded, sick, infirm and expectant mothers to be the object of particular protection and respect (International Committee of the Red Cross, 1949, Art. 16). This expands to include protection of hospitals organised to give care to these individuals which may, in no circumstances, be the object of attacks and to be respected and protected at all times. Violations of this protection include, but are not limited to:
- November 3, 2023 an Israeli attack was carried out on an ambulance convoy outside of Al- Shifa hospital which resulted in numerous Palestinian deaths.
- November 21, 2023 an air raid on Al- Awda hospital killed Dr Ziad Al- Tatari and Dr Ahmad Al- Sahar and Dr Mahmoud Abu Nujaila who are both part of the Doctors Without Borders organisation.
- March 20, 2024 at least 90 Palestinians were killed by the Israeli military during their siege on Al- Shifa hospital.
- April 1, 2024 marked the end of a 14-day siege on Al- Shifa hospital, the largest medical complex and central hospital in Gaza. What remained was hundreds of dead bodies, destroyed equipment and missing staff and civilians who were victim to mass arrests.
- March 2025 Israeli military repeatedly shot 15 Palestinian medics working for the Palestine Red Crescent Society during a rescue mission in Rafah, all of which was caught on video (Al Jazeera, 2025).
Israel has been able to continuously siege and destroy hospitals in Gaza under the guise that they are being used to carry out military operations by Hamas. None of these claims have been substantiated with any credible, independent evidence (United Nations Security Council, 2025).
Further, article 32 prohibits high contracting parties from taking measures that cause physical suffering or extermination of protected persons, which includes murder, torture, corporal punishment, mutilation or any other measures of brutality (International Committee of the Red Cross, 1949, Art. 32). Abdallah Abu Awwad is a displaced child from Jabalia who is currently in a coma after he was targeted by an Israeli drone. Amro Al-Homs is a three-year-old child who was injured in an Israeli airstrike which killed his pregnant mother and brother. He was pulled from the rubble after two hours and has life-threatening injuries that cannot be treated in Gaza. Mais Abdel Aal is a ten-year-old child who was injured by a drone strike on her tent causing a serious head wound that has caused partial paralysis, nerve damage and vision loss. Over 50 000 children in Gaza have stories similar to this. As of January 2025, over 46 000 civilians have been killed by Israel (Al Jazeera, 2025).
Collective punishment and genocide
Israel’s actions in Occupied Palestine have been widely condemned by activists and legal experts, who describe them as acts of collective punishment and genocide. Article 33 of part four of the Geneva Conventions prohibits punishing protected persons for offences they did not personally commit (International Committee of the Red Cross, 1949, Art. 33). Since October 7 2023, Israel has cut off both water and electricity supplies to Gaza, prohibited entry of aid including medical equipment and food, targeted densely populated civilian areas, and displaced millions of innocent people. These actions amount to collective punishment. In August 2005, Israel withdrew its forces from Gaza and has since used this to deny its status as an occupying power and evade its responsibilities under the Geneva Conventions. However, Israel’s continued control over Gaza’s airspace, maritime access, and border crossings suggests otherwise (Atlantic Council, 2023). Gaza has effectively become an open-air prison housing over 2 million people completely under Israel’s control, making collective punishment both highly possible and plausible.
Genocide is primarily governed by the Convention on the Prevention and Punishment of the Crime of Genocide which Israel ratified in 1951 (United Nations, 1948). Article 2 of this convention defines genocide as:
Any of the following acts committed with intent to destroy, in whole or part, a national, ethnical, racial or religious group as such:
a) Killing members of the group;
b) Causing serious bodily or mental harm to members of the group
c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or part;
d) Imposing measures intended to prevent births within the group;
e) Forcibly transferring children of the group to another group (United Nations, 1948, Art. 2).
On 29 December 2023, South Africa brought a case against Israel before the International Court of Justice (ICJ), accusing it of violating the Genocide Convention through its actions in Gaza. The ICJ is the principal judicial organ of the United Nations, tasked with settling legal disputes between states and issuing advisory opinions on legal questions. On 26 January 2024, the ICJ issued orders on Israel and ruled that “the facts and circumstances… are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible”.
These measures ordered Israel to prevent acts of genocide, ensure the provision of humanitarian aid, and preserve evidence related to alleged genocidal acts. However, such orders are not directly enforceable. The next phase of this case will occur in January 2026, when Israel is expected to submit its counter-memorial. A final ruling by the Court is unlikely before late 2026 or early 2027 (Amnesty International, 2024).
The International Criminal Court (ICC) is governed by the Rome statute and prosecutes individuals rather than states. This statute grants ICC jurisdiction over four main crimes:
I. Crime of genocide
II. Crimes against humanity- including murder, rape, imprisonment, enforced disappearances, enslavement, sexual slavery, torture, apartheid and deportation
III. War crimes
IV. Crimes of aggression (International Criminal Court, 1998).
In 2002, Israel withdrew its intent to ratify the Rome Statute and is thus not a member of the ICC and not obligated to cooperate with its judgements. Palestine, however, became a state party to the ICC in 2015, allowing the Court to prosecute individuals for any of the four core international crimes committed on Palestinian territory. On 21 November 2024, the ICC issued arrest warrants for Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant on the basis of alleged war crimes and crimes against humanity (United Nations, 2024). Although Israel is not a member state and therefore not bound to comply with these warrants, should either Netanyahu or Gallant travel to any of the ICC’s 124 member states–including Australia, France, or Germany–those states are legally required to arrest and surrender them to The Hague in accordance with the Rome Statute.
Whilst these international instruments exist, none of them have been effective in enforcing the entry of aid into Gaza and adequately addressing the humanitarian crisis that has evolved within its borders. In 2007, the Freedom Flotilla was established in response to the strict blockade enforced upon Gaza and refers to groups of activists, NGOs and international supporters who organise boats and ships to sail towards Gaza to deliver aid (Freedom Flotilla Coalition, n.d.). Unfortunately, none of these missions have been successful in reaching Gaza. The most recent mission was on 1 June 2025 when the Madleen set sail for Gaza from Catania, Sicily carrying humanitarian supplies including baby formula, flour, and medical equipment. All 12 activists were unarmed and included citizens from Sweden, France, Germany, Brazil, Spain, the Netherlands, and Turkey. This ship was intercepted by Israel in international waters and all activists detained and imprisoned by Israeli authorities before being deported.
The United Nations Convention on the Law of the Sea (UNCLOS) is considered the main law governing the seas with many of its provisions reflecting customary international law. This means that states are still bound by certain elements even if they have not ratified the treaty, like Israel. At the time of interception, the Madleen was in international waters and protected by article 87 of the UNCLOS which guarantees freedom of navigation on the high seas (United Nations, 1982, Art. 87). Article 92 states ships on the high seas are under the exclusive jurisdiction of their flag state and in this instance, the interception of the UK-flagged Madleen was a violation of this (United Nations, 1982, Art. 92). Israel has claimed that its seizure of the ship and the forced removal of activists are lawful under the San Remo Manual on International Law, arguing that its blockade of Gaza is legally justified. Under articles 93-104 however, a blockade is only legal if it does not cause excessive damage to civilians (International Institute of Humanitarian Law, 1995). With half a million Palestinians facing extreme hunger and hundreds dying from malnutrition, it is fair to claim the blockade is unlawful. Israel has repeatedly used self-defence to justify its actions against Palestinians, particularly after 7 October 2023. It is important to note here that international humanitarian law, including the Geneva Conventions, are non-reciprocal and must be upheld regardless of another party's actions. Self-defence can also not be excessive.
Whilst the Israel-Palestine conflict is repeatedly dismissed as being complicated, the staggering loss of human life and catastrophic destruction in Occupied Palestine reveal a far simpler truth. Legally, Israel’s actions against Palestinians since 1948 violate numerous international laws and constitute serious human right violations and war crimes that must be appropriately addressed to restore safety to the region and allow for an end to civilian casualties. Anything less than this simply reinforces the notion that Palestinian lives are worth less than others.
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