Olive Trees under Attack: The breach of international humanitarian law by the State of Israel during its 2023/2024 military operation on Gaza
(2024) JAMM07 20241Department of Law
Faculty of Law
- Abstract
- For decades, the Gaza Strip has been under Israeli occupation combined with reoccurring military escalations, continuously impacting Palestinian lives. On October 7th 2023 a severe escalation took place yet again, in which questions were raised surrounding the level of legality of Israel's actions. This thesis analyses the case of Israel's military operation in Gaza throughout 2023/2024, addressing the status of occupation, the classification of the armed conflict, and the breach of international humanitarian law by Israel. The gap that is meant to be filled here is one within IHL and its application in occupied territories combined with armed conflicts
Due to the intricate geopolitical context of the region, this research includes a... (More) - For decades, the Gaza Strip has been under Israeli occupation combined with reoccurring military escalations, continuously impacting Palestinian lives. On October 7th 2023 a severe escalation took place yet again, in which questions were raised surrounding the level of legality of Israel's actions. This thesis analyses the case of Israel's military operation in Gaza throughout 2023/2024, addressing the status of occupation, the classification of the armed conflict, and the breach of international humanitarian law by Israel. The gap that is meant to be filled here is one within IHL and its application in occupied territories combined with armed conflicts
Due to the intricate geopolitical context of the region, this research includes a clear overview of the history predating October 7th and the relevant legal framework. This includes the Geneva Conventions, Additional Protocols, and the Hague Conventions, as well as UN resolutions and relevant case law, placed against the backdrop of Israel's military campaign. Amongst the findings in this analysis is the presence of an international armed conflict in combination with the ongoing belligerent occupation of Gaza based on the "effective control" test. Furthermore, looking at the actions taken by Israel, evidence points at serious breaches of IHL, including the indiscriminate attacks on civilians and civilian objects, the destruction of critical infrastructure (amongst which are hospitals and water supply systems), and the obstruction of necessary goods and humanitarian aid.
The thesis further calls for a more robust implementation of IHL mechanisms, especially in cases of prolonged belligerent occupation. An enhanced system of scrutiny and accountability must be put in place as to ensure the protection of civilian populations, a system that is applied equally and impartially. This research contributes to the ongoing contention surrounding the effectiveness of IHL in protracted conflicts and occupied territories, potentially enhancing future policy and legal developments within the field. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9176430
- author
- Alhakim, Zeineb LU
- supervisor
- organization
- course
- JAMM07 20241
- year
- 2024
- type
- H2 - Master's Degree (Two Years)
- subject
- language
- English
- id
- 9176430
- date added to LUP
- 2024-10-14 10:55:18
- date last changed
- 2024-10-14 10:55:18
@misc{9176430,
abstract = {{For decades, the Gaza Strip has been under Israeli occupation combined with reoccurring military escalations, continuously impacting Palestinian lives. On October 7th 2023 a severe escalation took place yet again, in which questions were raised surrounding the level of legality of Israel's actions. This thesis analyses the case of Israel's military operation in Gaza throughout 2023/2024, addressing the status of occupation, the classification of the armed conflict, and the breach of international humanitarian law by Israel. The gap that is meant to be filled here is one within IHL and its application in occupied territories combined with armed conflicts
Due to the intricate geopolitical context of the region, this research includes a clear overview of the history predating October 7th and the relevant legal framework. This includes the Geneva Conventions, Additional Protocols, and the Hague Conventions, as well as UN resolutions and relevant case law, placed against the backdrop of Israel's military campaign. Amongst the findings in this analysis is the presence of an international armed conflict in combination with the ongoing belligerent occupation of Gaza based on the "effective control" test. Furthermore, looking at the actions taken by Israel, evidence points at serious breaches of IHL, including the indiscriminate attacks on civilians and civilian objects, the destruction of critical infrastructure (amongst which are hospitals and water supply systems), and the obstruction of necessary goods and humanitarian aid.
The thesis further calls for a more robust implementation of IHL mechanisms, especially in cases of prolonged belligerent occupation. An enhanced system of scrutiny and accountability must be put in place as to ensure the protection of civilian populations, a system that is applied equally and impartially. This research contributes to the ongoing contention surrounding the effectiveness of IHL in protracted conflicts and occupied territories, potentially enhancing future policy and legal developments within the field.}},
author = {{Alhakim, Zeineb}},
language = {{eng}},
note = {{Student Paper}},
title = {{Olive Trees under Attack: The breach of international humanitarian law by the State of Israel during its 2023/2024 military operation on Gaza}},
year = {{2024}},
}