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Israel War on Gaza: The Legality and its Effects on Civilians

Authors: Yasein Hassan M. Osman1, Damina Joshua John2, Paul A. Aidonojie3, Khadijat Ibrahim Maifada4, Kelechi Onwubiko5, Magzoub Awad Abdulkarim Abasher6, Dalia Abass Ahmed7, Rasheeda Mahmoud Said Ahmed Al8, Rowaida Musa Abdelazez Mohamed9;

Israel War on Gaza: The Legality and its Effects on Civilians

Abstract

International Humanitarian Law (IHL) is the International Law that governs wars originated by aggrieved act; it suffices to state that there are international guidelines that often regulate combatants during the time of war. In this regard, a soldier is supposed to separate between the men at war and the civilian. Those who have nothing to do with war (such as civilians, organizations, and erections) should be kept saved, and must not be battered and deprived of sustenance. However, Hamas’s surprised attack on Israel on 7th October 2023, and Israel's retaliation led to the death, injury, and destruction of properties of several civilians. Hence the question that borders this study is how well has Israel complied with the Law of War to justify its continued invasion on Gaza, is the initiation of the war in line with IHL. In this regard, the study investigates the legality or otherwise of the war on Gaza. The research adopts a doctrinal research methodology; data obtained through primary and secondary sources were analyzed through descriptive and analytical approaches. The study finds that, the ongoing war on Gaza shows that Israel and Hamas have gone beyond the rules of engagement by targeting civilians and their places of refuge, leaving several civilians dead and with severe injury. Concerning this, the study therefore concludes and recommends. that the war between Israel and Gaza can be termed as War Crime, Crime against Humanity and Genocide, given the rate of violation of civilians’ rights. The study therefore recommends that there is need for the international community to intervene for a ceasefire by Israel on Gaza for the war is no longer justifiable under the relevant International Laws.

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