Israel’s war in Gaza sparks legal and diplomatic reckoning as civilian toll rises
As Gaza reels from unprecedented destruction and humanitarian collapse, Israel faces escalating accusations of war crimes and genocide — with growing unease among its allies, and a global court in the crosshairs.
Key information:
- Israel’s military response to the October 7 Hamas attacks has killed over 54,000 Palestinians, with the majority presumed civilians, including at least 14,500 children according to UNICEF.
- Top Israeli officials face arrest warrants from the International Criminal Court (ICC) for alleged war crimes including starvation as a method of warfare and crimes against humanity.
- The United States has imposed sanctions on ICC judges in retaliation, prompting condemnation from the UN human rights chief as an attack on judicial independence.
- Legal experts argue that neither Hamas’ brutality nor Israel’s right to self-defense excuses violations of international law, including indiscriminate bombardments and aid blockades.
- Observers warn that the long-term consequences of Western complicity or silence could reverberate globally, undermining the very norms forged in the aftermath of World War Two.
Even wars have rules. But in Gaza, those rules are being shattered. That’s the core argument made by BBC International Editor Jeremy Bowen, who describes the destruction unfolding in the strip as surpassing "any acceptable, legal, moral, and humane standard."
At the heart of the legal storm are the Geneva Conventions, drafted in the wake of World War II to shield civilians from the horrors of combat. The International Committee of the Red Cross (ICRC), which safeguards these laws, now warns that both Israel and Hamas have violated them gravely.
"Humanity is failing in Gaza," said ICRC President Mirjana Spoljaric, who has visited the territory twice since the war began. "We are seeing things happening that will make the world an unhappier place far beyond the region."
Figures from Gaza’s health authorities — used by the UN and international diplomats despite Israeli skepticism — report over 54,000 Palestinian deaths and 125,000 injuries. The numbers include thousands of children and likely undercount those buried in rubble. According to The Lancet, total casualties may be much higher once deaths from inaccessible medical care and starvation are considered.
Israel argues its actions are lawful self-defense following Hamas’ 7 October assault, which killed 1,200 people. But critics point to evidence of disproportionate force and starvation tactics.
"Weaponising food is a war crime," Bowen writes, citing Israeli officials’ statements calling the aid blockade a pressure tactic.
International scrutiny has intensified with the ICC’s arrest warrants for Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant. They are accused of crimes including starvation, murder, and persecution. In response, the US imposed unprecedented sanctions on four ICC judges, prompting UN Human Rights Chief Volker Türk to denounce the move as an attack on the rule of law. The ICC warned that he sanctions also harm "innocent victims in all situations before the Court."
Bowen highlights how Israel’s shifting status among Western democracies is emblematic of deeper fractures within the Western democratic community. Once afforded near-blanket support, Netanyahu’s government now faces public rebukes from key allies. Leaders in France, the UK, and Canada called Israel’s conduct "wholly disproportionate" and signaled openness to recognizing a Palestinian state.
The charge of genocide — fiercely rejected by Israel and its allies — continues to gain legal traction. A panel of international judges found "reasonable grounds" to believe senior Israeli officials may bear criminal responsibility. As Lord Sumption, former UK Supreme Court justice, argued: "Statements by Netanyahu and his ministers suggest… genocide [is] the most plausible explanation for what is now happening."
Yet even among legal experts, there is discomfort with the term. Baroness Helena Kennedy KC warns against its casual use, but affirms: "We are in the process of seeing the most grievous kind of crimes taking place."
As the war grinds on, and as famine, trauma, and displacement deepen, Bowen’s reporting serves as a stark warning. The moral cost of inaction, or shielding allies from accountability, may be felt not just in Gaza, but in every future battlefield where the rules of war are weighed — and possibly ignored.
Sources: BBC
