International Responsibility for the Protection of Gaza Civilians under International Humanitarian Law and International Human Rights Law

Authors

    Somayeh Tafaghodi Zare * Assistant Professor, Department of Law, Payam Noor University, Baharestan, Iran somaye_tafaghodi@pnu.ac.ir
    Mohammad Ghanbari MA, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
    Mozhgan Mohammadi MA, Computer Department, Babol Branch, Islamic Azad University, Babol, Iran

Keywords:

International Responsibility, Gaza civilians, International humanitarian law, International human rights law

Abstract

The inhumane actions of Israel in recent years have led international organizations such as Amnesty International in its February 2022 report and Human Rights Watch in its April 2021 report to label it as an apartheid regime—constituting a form of racial discrimination and an example of crimes against humanity. This designation not only imposes international responsibility on the regime but also on the international community for failing to recognize such a situation. The United Nations Independent International Commission of Inquiry also confirmed in its June 2024 report the commission of crimes against humanity and war crimes by Israeli authorities during the Gaza conflict. These crimes include starvation, intentional killing of civilians, deliberate attacks on civilians and civilian objects, forced displacement, sexual violence, torture and inhumane treatment, arbitrary detention, and violation of personal dignity. Throughout its aggression against Gaza, the Zionist regime has repeatedly violated the rules of international humanitarian law and, in accordance with international law, bears international responsibility. This article is a developmental research study using a combined (descriptive-analytical) method and relies on library resources for data collection. Consequently, it is possible to establish the criminal responsibility of commanders, perpetrators, and orchestrators of the recent Gaza war due to their clear violations of fundamental principles and norms of international humanitarian law. They should be pursued and prosecuted as war criminals under Article 8 of the Rome Statute of the International Criminal Court (ICC).

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Published

2025-05-28

Submitted

2024-11-23

Revised

2025-01-17

Accepted

2025-02-02

How to Cite

Tafaghodi Zare, S., Ghanbari, M. ., & Mohammadi, M. . (2025). International Responsibility for the Protection of Gaza Civilians under International Humanitarian Law and International Human Rights Law. Legal Studies in Digital Age, 4(2), 1-11. https://www.jlsda.com/index.php/lsda/article/view/169

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