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Does Israel’s assertion as self-defence in the Israel-Hamas conflict justify its genocidal actions?

Ahmad, N ; Sharif University of Technology | 2024

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  1. Type of Document: Article
  2. Publisher: 2024
  3. Abstract:
  4. The Hamas attack on Israel on 7 October 2023 has amplified debate on the longstanding Israeli-Palestinian conflict, which has persisted for more than a century. This article dissects the legitimacy and ethical implications of Israel’s military actions in Palestine and argues that the thin line between self-defence and aggression has been excessively surpassed by Israel’s actions against the Palestinians. to the analysis of this article is the application of Article 51 of the Charter of the United Nations and also an assessment of the implication of genocide in light of Israel’s actions. This article presents a scrutiny of ramifications of Israel’s invocation of self-defence in the Hamas-Israel conflict in the context of evolving dynamics of the conflict. The analysis of principles of International Humanitarian Law (IHL), notably jus ad bellum and jus in bello, the intricate relationships between self-defence principles, the legal obligations imposed by IHL during non-international armed conflicts (NIAC) which had recently been recognised as international armed conflict due to the reprehensible nature of the attacks directed towards the Palestinian populations as a whole, and the prohibition on genocide make a compelling case that Israel’s actions amount to aggression instead of self-defence. © 2024, Revival Press. All rights reserved
  5. Keywords:
  6. Charter of the United Nations ; Genocide ; Hamas-Israel Conflict ; International Humanitarian Law ; Self-Defence
  7. Source: Legal Transformation in Muslim Societies ; Volume 1, Issue 2 , 2024 , Pages 94-113 ; 30290961 (ISSN)
  8. URL: https://https-www--scopus--com.ip.ez.smnta.ir/inward/record.uri?eid=2-s2.0-85217479366&partnerID=40&md5=18caadac5fdafc108b532f0a3f7e1d41