Diakonia IHL Centre Legal Update: Israel’s Obligations in Gaza Under the Law of Occupation

The ongoing hostilities between Israel and armed groups in Gaza have raised concerns about Israel’s expanding obligations under the law of occupation in Gaza. The Diakonia IHL Centre has been providing regular updates on the legal aspects of the evolving situation, focusing on Israel’s obligations to ensure the adequate supply of crucial goods and resources and the prohibition against the destruction of property.

Since the outbreak of hostilities in October 2023, Israeli forces have conducted large-scale ground operations in Gaza, leading to extensive on-the-ground presence and comprehensive control throughout much of the Strip. This has increased Israel’s legal obligations under the law of occupation, as it retains effective control over Gaza.

Despite the limitations imposed by ongoing hostilities, Israel is still bound by certain obligations under the law of occupation. One key obligation is to ensure the adequate supply of crucial goods and resources to the civilian population in Gaza. However, reports indicate that Israel has intentionally curtailed the flow of essential resources into Gaza, leading to a dire humanitarian situation in the region.

Additionally, the Israeli military has demolished many structures in parts of Gaza under its operational control, raising concerns about the destruction of property in violation of international law. Such destruction is only permissible when required by imperative military necessity, and extensive destruction of civilian infrastructure without justification could constitute a war crime.

As the situation in Gaza continues to deteriorate, it is crucial for all parties to respect their legal obligations under international humanitarian law to protect the civilian population and ensure their access to essential resources.