Gaza and the Rules of War: A Crisis of Law, Humanity, and Accountability

The Geneva Conventions exist to ensure that even in times of war, certain rules are upheld to protect civilians from the worst atrocities. These conventions, most recently updated after World War Two, aim to regulate warfare and establish humane treatment for non-combatants. Regardless of the circumstances of a conflict or how it begins, every side must respect these legal frameworks equally.

At the International Committee of the Red Cross (ICRC) headquarters in Geneva, the message "Even Wars Have Rules" is prominently displayed, symbolizing the organization's commitment to preserving humanitarian law. However, recent conflicts have brought these principles under significant strain, especially in Gaza, where both sides are accused of ignoring the rules they’re bound to uphold.

After the deadly 7 October 2023 Hamas attacks that killed over 1,200 people, including civilians and members of Israel’s security forces, Israel launched a military response that has drawn immense scrutiny. The world agrees that protecting civilians is a legal obligation, even in retaliation, but many now question whether Israel’s response has gone far beyond those legal boundaries.

Journalistic access to Gaza has been nearly impossible. Israel has blocked international media from entering the region, creating a thick fog of war. The result is a dangerous void of reliable, first-hand reporting, which obstructs efforts to verify claims of atrocities or confirm the scale of destruction on the ground.

Inside Gaza, at least 181 journalists and media workers have been killed, most of them Palestinians. These figures underscore the severe dangers of the warzone and also reflect the information blackout that keeps much of the world in the dark. Israel's restrictions raise concerns that it seeks to obscure its actions during the war.

In contrast, Israel has been open about allowing journalists to view the aftermath of the Hamas attacks on its border communities. This selective openness implies that Israel wants to shape the narrative by showing only one side of the conflict, while keeping its own operations in Gaza shielded from external scrutiny.

In response to this media vacuum, some journalists and legal analysts have turned to the Geneva Conventions to evaluate the conduct of war. The ICRC, being the custodian of these conventions, provides a critical lens through which to understand the legality and morality of military operations in Gaza.

Experts, humanitarians, and diplomats have voiced concerns about Israel’s actions. Some diplomats worry that continued silence from Western governments could be interpreted as complicity, particularly if future criminal investigations are launched regarding alleged war crimes in Gaza.

Criticism of Israeli Prime Minister Benjamin Netanyahu has grown, with many inside and outside Israel accusing him of extending the war for political survival. His leadership has been under fire for both the failure to prevent the October attacks and for potentially committing war crimes in the military response that followed.

Netanyahu avoids public interviews and instead releases controlled messages through social media. Israeli officials maintain that no famine exists in Gaza and that the country is following international laws, but these assertions are contested by numerous humanitarian and legal observers.

Legal experts argue there is growing evidence that Israel’s actions may constitute war crimes, including genocide. The International Court of Justice is currently investigating these allegations, and the International Criminal Court has issued a warrant for Netanyahu’s arrest for potential war crimes.

The human toll in Gaza is staggering. As of early June, at least 54,607 Palestinians have been killed and over 125,000 injured. These figures, from Gaza’s health ministry, are difficult to verify independently, yet they are widely cited by the UN and international organizations, including some Israeli intelligence agencies.

Unicef reports that over 14,500 children have died, and 17,000 have been orphaned. Gaza now has the highest rate of child amputees in the world. Medical sources suggest these numbers may be undercounts, as many victims remain buried beneath rubble or suffer from untreated diseases due to the collapse of healthcare infrastructure.

Israel has severely limited food and humanitarian aid to Gaza, and from March to May 2025, it blocked shipments entirely. The Israeli defense minister publicly described this blockade as a pressure tactic against Hamas. Such actions are considered war crimes under international law, as weaponizing food violates the rights of civilians.

Mirjana Spoljaric, president of the ICRC, warns that ignoring the Geneva Conventions in Gaza sets a dangerous precedent for conflicts worldwide. She emphasizes that the rights enshrined in these laws protect every human being, regardless of nationality. “Humanity is failing in Gaza,” she said, urging the global community not to look away from the suffering or the erosion of international legal standards.