International Humanitarian Law and the Conflict in Gaza: A Legal Appraisal of Proportionality and Civilian Protection

Abstract

The ongoing conflict in Gaza underscores critical challenges in the application and enforcement of International Humanitarian Law (IHL), particularly the principles of proportionality and civilian protection. This research investigates the extent to which these core IHL principles are upheld or violated during the hostilities between Israeli military forces and Palestinian armed groups. The study adopts a doctrinal legal research methodology, analysing relevant treaty law—including the Geneva Conventions and Additional Protocols—customary international law, and reports from international bodies and human rights organizations. It also examines case studies from recent military operations in Gaza, such as Operation Protective Edge (2014) and the October 2023 escalation, to evaluate compliance with IHL norms. The key findings reveal a pattern of conduct by both state and non-state actors that often breaches the proportionality rule and disregards civilian protection, raising serious legal and ethical concerns. The article further explores the limitations of current accountability mechanisms and enforcement tools, particularly within asymmetrical conflict dynamics. It concludes that while IHL provides a strong normative framework, its effectiveness in the Gaza context is undermined by political resistance, lack of credible enforcement, and the complexities of modern urban warfare. Strengthening civilian protection requires both legal reform and sustained international engagement. The recurrent hostilities in Gaza have underscored profound legal and moral concerns about compliance with IHL, particularly the principles of proportionality and civilian protection. This article examines the legal obligations of parties under IHL, evaluates the application and potential breaches of these norms in the context of the Gaza conflict, and explores the challenges of enforcing IHL in asymmetrical warfare settings. It further assesses the role of international mechanisms in ensuring accountability and the prospects for a more robust legal regime to safeguard civilians.