A Guerra entre Israel e Hamas na Faixa de Gaza: as violações ao Direito Internacional Humanitário e a atuação da Corte Internacional de Justiça e do Tribunal Penal Internacional

Abstract

On October 7, 2023, terrorist attacks perpetrated by Hamas in Israel resulted in the death of 1,200 individuals and the abduction 200 others. In response, Israel launched a military offensive in the Gaza Strip with the stated objectives of rescuing the hostages, dismantling Hamas and its infrastructure. Notwithstanding the officially declared goals, the offensive has been characterized, since its early stages, by the indiscriminate attacks on civilian infrastructure (including schools, hospitals, and residential buildings), the forced displacement of the civilian population, the intensification of the blockade on humanitarian aid entering the enclave, the disruption of water and electricity supplies, and the killing of civilians, particularly women and children. Against this backdrop, this thesis will analyze the violations of International Humanitarian Law (IHL) committed by Israeli military forces in the Gaza Strip following the October 7 terrorist attack, based on the deductive method, through documentary analysis of reports issued by international organizations and their agencies. The first chapter will provide a historical overview of the Israel–Palestine conflict from the First World War to the present day. The second chapter will list and examine the violations of International Humanitarian Law occurring in the course of the ongoing military offensive. Finally, the third chapter will address the international accountability of Israel and its political leaders, focusing in the case brought by South Africa before the International Court of Justice (ICJ) and the investigation ICC-01/18 before the International Criminal Court (ICC), which has led to the issuance of arrest warrants against Prime Minister Benjamin Netanyahu and its former Defense Minister Yoav Gallant, as well as for leaders of Hamas