This article delves into the legal discussions surrounding the crisis unleashed by the military operation launched on October 7, 2023, in Southern Israel by Palestinian forces of the resistance based in Gaza. Israel considered this a “terrorist attack,” asserted the right of self-defense, declared war on Gazans, and started the continuous and indiscriminate bombardment of Gaza. As a result, Gaza has become the new Dresden, in which thousands have been killed and tens of thousands injured. This article is an attempt to answer the following questions to illuminate the legal issues surrounding the current crisis and the broader context of Israel’s legal status as a state and its territorial claims: Was the Palestinian offensive in Southern Israel an instance of terrorism and/or an act of aggression? Which side of the conflict can rightfully claim the right of self-defense? Did Israel commit genocide in Gaza? Do Israel’s statehood and territorial claims rest on firm legal grounds? Is it legally sensible to argue that Israel is a threat to international peace and security?

Introduction

On October 7, 2023, an unexpected military operation was launched in Southern Israel by a group of Palestinian resistance fighters led by the military wing of the Hamas government in Gaza, namely the Izzad-Din al-Qassam Brigades. Named Operation al-Aqsa Flood, this surprise attack, which was accompanied by the launching of thousands of rockets into Israel, was set in motion from land, air, and sea. Gaza is a tiny territory (365 km²) on the Mediterranean coast with a population of 2.4 million people, which makes it one of the most densely populated places in the world. Within hours of the operation, the Palestinian fighters managed to seize a number of military bases, police headquarters, and towns hosting Jewish occupier settlers. For a few days following the October 7 offensive, Palestinian armed groups continued to engage in gun battles with Israeli forces in various parts of Southern Israel. Operation al-Aqsa Flood was motivated by a variety of factors, all of which demonstrate the desperation of the Palestinians who have been faced with extinction as a “political” category in part due to the Abraham Accords, which brought about normalization between Israel and a number of Arab states (the United Arab Emirates, Bahrain, Morocco, and Sudan) and to the then ruling Israeli government’s attempt to assimilate the occupied Palestinian territories into Israel proper fully. The intention to entirely devour the territories belonging to the Palestinians was disclosed insolently by Prime Minister Benjamin Netanyahu before the UN General Assembly in September 2023. The October 7 operation was also intended to draw the world’s attention to the all-out blockade and military siege of Gaza since 2007, an international crime, which had turned Gaza into an open-air prison. Palestinians were also infuriated by the constant Zionist assaults on the sanctity of the al-Aqsa Mosque, provocations, and the imposition of ever-increasing restrictions on Muslim worshippers. Finally, the escalation of settler violence against the Palestinian residents in the West Bank and the expansion of new Jewish occupier settlements were among the main motives. The Zionist state immediately tagged this military operation as a “terrorist attack” and claimed that international law gave it the right to self-defense. Accordingly, Prime Minister Netanyahu declared that his country was at war. On the same day of the Palestinian forces’ incursion into Southern Israel, Israeli armed forces launched a heavy bombardment of Gaza from air, land, and sea, which has not subsided since. Israel’s ruthless and all-out indiscriminate and continuous attacks on Gaza for 40 days (as of November 16, 2023) brought about a horrendous humanitarian tragedy that saw the killing of about 13,000 and the wounding of at least 30,000 Gazans. Gaza has been utterly devastated as a result of the bombing spree, which saw the full destruction of 41,000 houses and 71 mosques and the partial destruction of 222,300 housing units, 25 hospitals (now not functioning), 253 schools (63 rendered unusable), 156 mosques, and 3 churches as of November 14. After having committed a never-ending cycle of international crimes against the Palestinian people, such as war crimes, crimes against peace, crimes against humanity, and the crime of apartheid, the Zionist state can now “pride” itself on perpetrating a new evil deed, even surpassing others in its scale and monstrosity: namely, genocide.... Read more on Insight Turkey: Israel’s Fateful March: From Settler Colonialism to Genocidal State [Insight Turkey, January 1, 2024]