The ongoing conflict between Israel and Hamas has resulted in accusations of war crimes on both sides. After Hamas targeted Israeli civilians on October 7, Israel responded with airstrikes on the densely populated Gaza Strip. However, all combatants are obligated under international humanitarian law to minimize harm to civilian populations. The obligations of nations, soldiers, and groups like Hamas are outlined in the 1949 Geneva Convention. This convention has been adopted by 196 states and sets the international standard for the treatment of civilians, prisoners of war, and wounded soldiers.

Anyone who violates the protections outlined in the Geneva Convention can be held accountable for war crimes. Leaders and soldiers can face prosecution in an international court or a nation exercising universal jurisdiction. This principle allows any country’s courts to prosecute war crimes, and it applies to Israel, Hamas, and Islamic Jihad. While Israel is not party to the Rome Statute that established the International Criminal Court, the Palestinians joined in 2015, giving the ICC jurisdiction over the West Bank and Gaza Strip.

A United Nations-established body called the Independent International Commission of Inquiry on the Occupied Palestinian Territory is collecting evidence of war crimes committed by all sides since the conflict began. According to international humanitarian law, war crimes include deliberately targeting civilians, launching indiscriminate attacks on civilian areas, and disproportionately impacting the civilian population. The attack by Hamas on October 7, which killed around 1,400 Israeli civilians and took 200 others hostage, clearly falls within the definition of a war crime.

International humanitarian law applies to conflicts between states as well as conflicts between states and non-state actors such as Hamas. Despite being an irregular force, Hamas is subject to the same laws as the Israel Defense Forces. However, civilian casualties can occur when combatants mistake a legitimate military target for a civilian area. The principle of proportionality is applied, and an attack would be considered disproportionate if the harm to civilians outweighs the military advantage. The densely populated Gaza Strip poses a challenge for the Israeli military, particularly when facing an irregular force like Hamas that operates in urban areas.

In recent days, the Israeli military ordered Gazans to evacuate the north of the territory, which could be seen as a humanitarian gesture. However, the manner in which the evacuation was carried out, ordering 1.1 million people to leave within a few hours, has been criticized as cruel and panic-inducing.