Israel’s Attacks on Gaza Since October 7, 2023 and International Law
The present Report examines Israel’s attacks from legal perspective depend ing on the relevant rules of international law. In this sense, the Report handles three main issues. The first is whether Israel’s attacks can be justified on the basis of the right to self-defense. The second concerns the violations of international humanitarian law and the related crimes resulting from the violations. Finally, the Report evaluates the ongoing judicial processes initiated against or related to Israel.
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A Storm of Conflict: Analyzing the Israel-Hezbollah Conflict Post-October 2023
On October 7, 2023, the Palestinian group Hamas launched a major attack on Israeli settlements near Gaza. This unexpected operation drew global attention and led to a series of responses from Israeli officials and their allies. Following this event, the Middle East experienced a significant escalation in regional conflicts, particularly involving Hezbollah, a Lebanese group with close ties to Iran.
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Three hundred days have passed since Israel's massacres began. Over 40,000 Palestinians have been killed. When the war started, pessimistic scenarios about Israel's goals and the war's potential escalation have, unfortunately, come true one by one. After a series of assassinations carried out by the genocidal Israeli government in the past week, it is almost universally agreed that we have entered a "period of escalating conflicts."
Most Western countries have given unconditional support to Israel for its genocidal acts over the last 10 months. Western countries not only support the Israeli government economically and politically but also militarily. On the one hand, Western governments provide weapons to Israel to continue its genocidal attacks against the Palestinian people. In other words, they are directly involved in the asymmetric war in Palestine.
The applause for a leader who has officially killed over 39,000 people since Oct. 7 has gone down in history as a significant stain on humanity for those applauding.
The comprehensive and effective attack launched by Hamas on October 7, 2023, the al-Aqsa Flood Operation, has become a turning point not only in the Palestinian-Israeli question and the Middle Eastern balance of power but also in modern world history.
Hell on earth...
"The images from last night are proof of how Rafah has turned into hell on earth." These words come from UN High Commissioner for Refugees Philippe Lazarini. I can hardly describe the hellish scenes created by Israel bombing the tents in Rafah, which it had declared a safe zone for Palestinians. It’s more accurate to call it the point where words fail. This attack, following the International Criminal Court’s Chief Prosecutor seeking arrest warrants for Netanyahu and Gallant, and the International Court of Justice ordering Israel to halt its operations in Rafah, clearly shows that the Israeli government disregards concepts like rights, law, justice, or international legitimacy. The Netanyahu administration, backed by Washington, continues to massacre innocent Palestinians, showing it acknowledges no authority.
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What opposing the ICC decision will cost America
International Criminal Court (ICC) Chief Prosecutor Karim Khan has requested arrest warrants for Israeli Prime Minister Netanyahu and Defense Minister Gallant, accusing them of war crimes and crimes against humanity. If the judges approve Khan's request, it will be the first time in the court's history that such a decision is made against political leaders of a U.S. ally. American politicians from both parties have previously lobbied against a potential arrest warrant, even threatening sanctions against ICC members and their families. Despite these pressures, the Prosecutor's decision to pursue arrest warrants presents a significant test for Western countries, especially the U.S., as they risk losing their role as defenders of international law and order to other actors.
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Although the hegemonic circles such as most Western countries and the leading global financial and economic institutions have been supporting Israel and its ongoing genocide against the innocent Palestinians both in the Gaza Strip and the West Bank, the majority of the world public opinion takes the side of humanity, protesting against the Western-supported Israeli genocide.
Since the early days of the post-Oct. 7 period, Türkiye has been insistently trying to de-escalate the tension in Palestine and to find a way for a lasting cease-fire. In the wake of the Al-Aqsa Flood and the first Israeli reactions, Türkiye called both sides not to escalate the tension. However, with the full support of the global Western powers, the Israeli side intensified its ruthless military campaign against innocent Palestinian civilians, the majority of whom are children and women, with full steam. Türkiye has been following an exceptional policy toward the Gaza crisis. It has taken several significant initiatives since Oct. 7.
What was the post-Oct. 7 stance of Western thinkers and intellectuals? Why does the Western intellectual world ignore Palestine? Why have thinkers, who believe the Palestinians are right and support them, become targets of ‘lynching’?
This study presents the relevant parts of international law before engaging in a legal assessment of Israel’s actions in Gaza.
