WHAT IS HAPPENING IN ISRAEL

On October 7, 2023, at around 6:30 a.m. local time, the Palestinian armed group Hamas launched
"Operation Al-Aqsa Flood" - an unprecedented surprise assault from Gaza against Israel through
land, air, and sea. More than 230 Palestinians and at least 200 Israelis have been killed. The death
tolls on both sides are expected to rise. Hamas, which runs the besieged Gaza Strip, said its large-
scale operation was in response to the desecration of Al-Aqsa Mosque and increased settler
violence against Palestinians.
Videos posted online show many Israeli soldiers and civilians, both dead and alive, captured and
taken into Gaza. This has become an important issue as there are also around 5,200 Palestinian
political prisoners in Israeli jails, including more than 1,264 administrative detainees (incarceration
without trial or charge).
Meanwhile, the Israeli army launched "Operation Iron Swords" and began a wave of air strikes
targeting various parts of the Gaza Strip. It also cut electricity to the Gaza Strip.
The Gaza Strip has a population of 2.2 million people and is one of the most densely populated
areas in the world. It has been under Israeli siege since 2007. At least 232 Palestinians have been
killed, and another 1,697 have been wounded, according to an initial estimate by the Palestinian
health ministry. The Israeli death toll has risen to at least 200, while more than 1,100 have been
wounded, according to Israeli media. Gaza, a small Palestinian territory situated on the
Mediterranean coast, was once part of historic Palestine. However, in 1948, the state of Israel was
created, resulting in a violent process of ethnic cleansing, which led to the expulsion of millions
of Palestinians from their homes.
Today, Gaza is approximately 365 sq km and is bordered by Israel and Egypt. It is comparable in
size to Cape Town or Detroit. Following the 1948 Arab-Israeli War, Gaza was captured by Egypt,
and it came under Israeli occupation, along with the West Bank and East Jerusalem, after the 1967
Arab-Israeli War.
Since June 2007, Israel has imposed a land, sea, and air blockade on Gaza, resulting in significant
hardship for the area's inhabitants in direct violation of international law.
Since the beginning of the siege, Israel has launched four military assaults on Gaza in 2008, 2012,
2014, and 2021-all resulting in heavy loss of civilian lives.
AUGUST 2005
Israeli forces unilaterally withdraw from Gaza 38 years, abandoning settlements and leaving the
enclave under the control of the Palestinian Authority
JANUARY 25, 2006
The Islamist group Hamas wins a majority of seats in a Palestinian legislative election. Israel and
the U.S. cut off aid to Palestinians because Hamas refuses to renounce violence and recognise
Israel
JUNE 25, 2006
Hamas militants capture Israeli army conscript Gilad Shalit in a cross-border raid from Gaza,
prompting Israeli air strikes and incursions
JUNE 14, 2007
Hamas takes over Gaza in a brief civil war, ousting Fatah forces loyal to Palestinian President
Mahmoud Abbas
DECEMBER 27, 2008
Israel launches a 22-day military offensive in Gaza after Palestinians fire rockets at Sderot. About
1,400 Palestinians and 13 Israelis are reported killed
NOV. 14, 2012
Israel kills Hamas's military chief of staff, Ahmad Jabari. Eight days of Palestinian militant rocket
fire and Israeli air strikes follow.
JULY-AUGUST 2014
The kidnap and killing of three Israeli teenagers by Hamas leads to a seven-week war in which
more than 2,100 Palestinians are reported killed in Gaza and 73 Israelis are reported dead
MARCH 2018
Palestinian protests begin at Gaza's fenced border with Israel. More than 170 Palestinians are
reported killed in several months of protests
MAY 2021
After weeks of tension during Ramadan, hundreds of Palestinians are wounded in clashes with
Israeli security forces at the Al Aqsa compound in Jerusalem
After demanding Israel to withdraw forces, Hamas unleashes a barrage of rockets from Gaza into
Israel. Israel hits back with air strikes on Gaza.
AUG 2022
At least 44 people, including 15 children, are killed in three days of violence that begin when
Israeli air strikes hit a senior Islamic Jihad commander. In response, Islamic Jihad fires more than
1,000 rockets towards Israel. Israel's Iron Dome air defence system prevents any serious damage
or casualties.
JAN 2023
Islamic Jihad in Gaza fires two rockets towards Israel after Israeli troops raid a refugee camp and
kill seven Palestinian gunmen and two civilians. Israel responds with air strikes on Gaza.
OCT 2023
Hamas launches the biggest attack on Israel in years from the Gaza Strip, with a surprise assault
combining gunmen crossing the border with a heavy barrage of rockets

HISTORY OF CONFLICT
🔸1947- UN adopted Resolution 181 know as 'Partition Plan' which divided Palestine into Arab
and Jewish state .

🔸On May 14, 1948 Israel was created.

🔸This lead to the Arab Israeli War which ended in 1949 with Israel's victory causing 7,50,000
Palestinians getting displaced.

🔸A further division was made and the disputed territory was divided into 3 parts - Israel, West
Bank (Jordan river) and Gaza strip.

🔸 Tensions arose and there was another Arab Israeli war also known as Suez crisis or Tripartite
aggression in 1956. Israel invaded Sinai Peninsula.

🔸 Thus lead to Egypt, Jordan and Syria signing a mutual defence pact.

🔸In 1967 , after conspiracies by Abdul Gamal Nasser ( the Egyptian President) , Israel attacked
Syrian and Egyptian forces . There was a 6 day war in which Israel gained control over Sinai
Peninsula, Gaza strip from Egypt, West Bank and East Jerusalem from Jordan ans Golan heights
from Syria.

🔸 Another war known as the October war or Yona Kippur war was fought in which Egypt and
Syria launched 2 front artack to regain lost territories. But the war did not turn out to be helpful
for Egypt and Syria . Thus, after being left with no other solutions they agreed to negotiations.
🔸In 1979 Egypt- Israel treaty was passed known as Camp David Accords which ended the thirty
year long conflict between Egypt and israel.

🔸 However the Palestinians were left for self governance .So in 1987 palestinians living in the
west bank and Gaza rose against Israeli government. in 1993 Oslo 1 Accord mediated the conflict.
A framework was set for Palestinians to govern themselves in West Bank and Gaza it was decided
that there will be a mutual recognition between Palestine and Israel. In 1995 Oslo two Accords
expanded the first agreement under which there was a complete withdrawal of Israel from 6 cities
and 450 towns in West Bank.

🔸 In 2000 former Israeli PM Arial Sharon visited Al-Aqsa mosque which is the third holiest place
of Islam. The peace agreements lead to a stagnating peace process. So Palestine launched second
intifada which would last till 2005.

🔸 Due to growing tensions, a barrier wall was constructed around west bank by Israel in 2002
despite of oppositions from ICJ.

🔸In 2006 Hamas won elections in Palestine.

🔸With series of conflicts, In 2013 the United States attempted to revive the peace process.

🔸In 2014 Hamas and Palestinian authority ruling party United. There work classes in Palestinian
territory leading to death of 73 Israel is and 2251 palestinians.

🔸 In 2015 Palestinian president Mahmoud Abbas announced that palestinians would no longer
be bound by territorial divisions of Oslo Accord.

🔸In 2018 there were demonstrations in Gaza by Palestinians. this fight between Hamas and Israeli
military was the worst case since the year 2014. The then president of US, Donald Trump ordered
the relief and aid to Palestinian refugees to be cancelled. He re allocated the US embassy from Tel
Aviv to Jerusalem.

🔸 A major reason behind the conflict was the city of Jerusalem. Israel considered whole of
Jerusalem as its capital. at the same time Palestine and also claimed a part of Jerusalem as capital
of future Palestinian state.

🔸 in October 2020 Israeli court ruled that Palestinian families living in East Jerusalem to be
evicted by the month of May 2021 and the property to be distributed among Jews. The alienated
palestinians went for demonstrations. tensions rose during Ramadan. Violence broke out at Al aqsa
mosque in Jerusalem as the Israeli police used weapons like grenades and rubber bullets to take
out palestinians from Al-Aqsa mosque.

🔸 on 10th May 2021 Hamas and Palestinian militants launched hundreds of rockets into Israel.
On 21st May cease fire was declared by Israeli government due to which 250 Palestinians and 13
Israelis were killed.

🔸Since then the problem has been escalating which lead to Hamas's biggest surprise attack on
Israel from Gaza strip on 7th October 2023.

COERCIVE MEASURES OF SETTLEMENT OF DISPUTES

Article 2, paragraph 3 of the UN Charter underscores the imperative need for all member states to
resolve their international disputes through peaceful means, preserving international peace,
security, and justice. This principle has assumed even greater significance in the age of nuclear
weapons, emphasizing the importance of peaceful conflict resolution. In the Mavromattes case,
the Permanent Court of International Justice (PCIJ) defined a dispute as a clash over points of law
or fact, differing legal perspectives, or conflicting interests between two parties. Yet there are many
Instances when the country uses violent matters for the settlement of dispute. That such methods
are called compulsive or coercive means.
Compulsive or Coercive Means are non-peaceful methods of settling disputes, encompassing
measures involving pressure or force, though not necessarily armed conflict. Typically, they are
steps taken before war or short of it. They are different types of compulsive or coercive means
adopted by many countries and some of them are like
Retorsion: Retorsion is a form of retaliation, guided by the principle of "tit for tat." When one state
responds to an action taken by another state with a similar act, it's termed Retorsion. While not
illegal, it is unfriendly and can be an effective tool of law enforcement. For instance, if one state
subjects the citizens of another state to unfair passport regulations, the latter may reciprocate with
similarly strict rules.
Reprisals: Reprisals encompass coercive measures taken by a state to secure redress for a wrongful
act by another state. The purpose is to compel the offending state to cease its actions or address
the issue. Reprisals can include property seizures, occupation of territory, ship seizures, asset
freezes, and more. After the creation of the United Nations, the use of force in reprisals has been
generally prohibited, and actions taken in reprisals are considered illegal.
Embargo: An embargo, which means detention in international law, refers to the detention of ships
in port. It can be either civil (applied to a state's vessels) or hostile (applied to vessels of other
states) and aims to exert economic or financial pressure. Embargoes can be imposed individually
or collectively under UN authority, but they should not threaten international peace and security.
Pacific Blockade: When a state blocks the coast of another state during peacetime to exert
economic and political pressure, it's known as a pacific blockade. The requirements for a valid
pacific blockade include declaration and notification, as well as effectiveness. However, after the
establishment of the United Nations, pacific blockades have become illegal due to their potential
threat to peace and security, unless authorized by the Security Council.
Intervention: Intervention involves one state's dictatorial interference in the affairs of another state
to maintain or alter the existing situation. Professor Winfield categorized intervention into three
types: internal, external, and punitive. Internal intervention pertains to involvement in a state's
domestic affairs, external intervention involves interference in international matters, and punitive
intervention seeks to penalize a state for its actions.
In summary, Article 2, paragraph 3 of the UN Charter underscores the paramount importance of
resolving international disputes through peaceful means to safeguard global peace, security, and
justice. Compulsive or coercive means, including Retorsion, Reprisals, Embargo, Pacific
Blockade, and Intervention, are non-peaceful methods of dispute resolution that can have serious
consequences and are often discouraged or prohibited under international law. The establishment
of the United Nations has reinforced these principles and aimed to prevent the use of force in
settling international disputes, except when authorized by the Security Council.

COERCIVE MEASURES USED BY ISRAEL AND HAMAS

In the history many countries have used compulsive or coercive means for the settlement of dispute
and in the present times such methods are used by Israel and Palestine which held led to the war
between Israel and Hamas i.e A Palestinian Sunni-Islamic fundamentalist, militant and nationalist
organization .Coercive settlement of the Israel-Hamas conflict refers to attempts to resolve the
conflict through the use of force, pressure, or coercion rather than diplomatic negotiation and
peaceful means. Coercive settlement approaches have been tried in various forms throughout the
history of the conflict, but they often face significant challenges and criticism. Here are some
examples and considerations:
Military Actions: Both Israel and Hamas have employed military force in attempts to achieve their
objectives. Israel has conducted military operations in Gaza to degrade Hamas's capabilities and
deter rocket attacks, while Hamas has launched rockets into Israeli territory. These actions aim to
pressure the other side into concessions but often result in civilian casualties and international
condemnation. Such military actions were like alleged attacks on Palestinian women and
acquisition of the desecration of the Al Aqsa Mosque in Jerusalem a crucial religious site in Islam
.According to CNN the death toll of the recent attack done by Hamas on October 7th 2023 on Israel
will surpass 600 and more than 2000 people are wounded.
Blockades and Sanctions: Israel has imposed a blockade on the Gaza Strip, restricting the flow of
goods and people in and out of the territory. The aim is to weaken Hamas and its control over Gaza,
but this approach has been criticized for causing humanitarian suffering among the civilian
population. According to the report by UNICEF the Israeli authorities have approved only 64% of
patients request to exit Gaza mainly for specialized treatment in the West Bank. In the previous
years the patients have died while awaiting a response to their applications.
International Pressure: The international community has at times applied diplomatic and economic
pressure on both parties to encourage a ceasefire or negotiations. This includes efforts by the
United Nations, regional powers, and international organizations. Such pressure can sometimes
lead to temporary ceasefires, but a lasting resolution remains elusive.
Recognition and Isolation: The recognition or isolation of parties involved can also be a form of
coercive settlement. Israel's quest for international recognition and the Palestinian Authority's
diplomatic efforts at the United Nations are examples of this approach.
In summary, while coercive settlement measures have been employed in attempts to address the
Israel-Hamas conflict, they are fraught with challenges and limitations. A comprehensive and
sustainable solution to the conflict is more likely to be achieved through a combination of
diplomatic negotiations, confidence-building measures, and addressing the core issues underlying
the dispute, while also taking into account the humanitarian and human rights concerns of all
parties involved.

CHALLENGES AND COMPLEXITIES ASSOCIATED WITH COERCIVE

MEASURES OF DISPUTE SETTLEMENT
There are many challenges and complexities associated with the method of coercive settlement
efforts which can be Which can be understood with the example of Israel and Hamas conflict
Escalation Risks: Coercive measures, particularly military actions, carry the inherent risk of
escalation. In the context of the Israel-Hamas conflict, airstrikes, rocket attacks, and ground
incursions have all led to periods of intense fighting. Escalation can result in higher casualties,
more extensive destruction, and a deepening of hostilities. These escalatory dynamics can make it
even more challenging to reach a peaceful resolution.
Impact on Civilians: Coercive measures often have a disproportionate impact on civilian
populations. For example, Israeli airstrikes in Gaza have frequently resulted in civilian casualties
and infrastructure damage. Similarly, the blockade of Gaza has contributed to dire humanitarian
conditions. Such consequences can lead to international condemnation, accusations of human
rights violations, and damage to the reputation of the party employing these measures.
Resistance and Resilience: Groups like Hamas have demonstrated resilience in the face of coercive
tactics. They have adapted their strategies, including rocket production and tunnel construction, to
continue their activities despite Israeli military operations. This adaptability challenges the
effectiveness of coercive measures in achieving their intended goals.
Diplomatic Backlash: Coercive actions can strain diplomatic relations between the parties and lead
to international criticism. This diplomatic backlash can limit the ability of the party employing
coercion to garner international support for its positions, further complicating the resolution of the
conflict.
Need for Comprehensive Solutions: Coercive measures alone are unlikely to address the core
issues of the conflict. The Israel-Hamas conflict involves complex and deeply rooted issues such
as territorial disputes, the status of Jerusalem, the rights of Palestinian refugees, and the division
of Palestinian territories. Achieving a sustainable peace requires addressing these fundamental
issues through diplomacy and negotiations.
Trust-Building: Coercive actions can erode trust between the parties. Trust-building is a crucial
element of any successful peace process. Coercion often leads to mutual suspicion and makes it
more difficult to bring the parties to the negotiating table.
Role of Civil Society: Coercive approaches can sometimes marginalize civil society organizations
and grassroots efforts that play a vital role in building peace from the ground up. Inclusive dialogue
involving a wide range of stakeholders, including civil society, is often essential for long-term
peace and reconciliation.
Evolving Dynamics: The dynamics of the Israel-Hamas conflict are subject to change over time.
Factors such as regional developments, leadership changes, and shifts in international politics can
influence the trajectory of the conflict. Coercive measures need to adapt to these evolving
dynamics, which can be challenging to predict and manage.
International Law: Coercive actions must be conducted in compliance with international law.
Violations of international law can lead to legal consequences and damage a party's international
reputation. Israel's blockade of Gaza, for instance, has faced legal challenges and been criticized
for its impact on the civilian population.
In summary, while coercive settlement measures have been employed at various points in the
Israel-Hamas conflict, they are fraught with challenges and limitations. Achieving a
comprehensive and sustainable solution to the conflict typically requires a multifaceted approach
that combines diplomatic negotiations, confidence-building measures, and the addressing of
underlying issues while taking into account the humanitarian and human rights concerns of all
parties involved.

IMPACT OF ISRAEL HAMAS CONFLICT ON INTERNATIONAL LAW

The Israel-Hamas conflict has had a profound impact on international law, particularly in the areas
of human rights law and the laws of armed conflict (international humanitarian law). This
protracted and highly complex conflict, marked by periods of intense violence and ceasefire
agreements, has raised numerous legal challenges and controversies, prompting significant debate
within the international community. In this detailed analysis, we will explore the key aspects of
the Israel-Hamas conflict's effect on international law, considering the various legal principles,
rights, and obligations involved.
Historical Background of the Conflict
The roots of the Israel-Hamas conflict can be traced back to the late 19th and early 20th centuries,
as Jewish immigration to Palestine, then part of the Ottoman Empire, increased. The competing
national aspirations of Jews and Palestinians in the same territory laid the foundation for a long-
standing dispute over land, resources, and sovereignty. The conflict has evolved over time and has
been marked by wars, uprisings, peace processes, and periods of relative calm.
Human Rights Violations and International Law
The Israel-Hamas conflict has been characterized by repeated allegations of human rights
violations committed by both parties. These violations have drawn international attention and
scrutiny, leading to increased focus on the application of international human rights law. Some of
the key human rights issues in the context of the conflict include:
Right to Life and Use of Force
Under international human rights law, including the International Covenant on Civil and Political
Rights (ICCPR), the right to life is a fundamental and non-derogable right. Parties to the conflict
are obligated to take all feasible precautions to minimize harm to civilians. The use of force must
be proportionate and necessary for legitimate military objectives.
Critics of Israel's military operations in Gaza have argued that some actions, such as airstrikes in
densely populated areas, may have violated these principles, resulting in civilian casualties and
damage to civilian infrastructure. On the other hand, Israel has maintained that it has a right to
self-defense under Article 51 of the United Nations Charter and that its actions are justified
responses to rocket attacks launched by Hamas and other militant groups.
Protection of Civilians in Armed Conflict
International humanitarian law, particularly the Fourth Geneva Convention, governs the protection
of civilians during armed conflicts. Parties to the conflict must distinguish between civilians and
combatants and take all feasible precautions to minimize harm to civilians and civilian objects.
Deliberate attacks on civilians or civilian infrastructure are prohibited.
In the context of the Israel-Hamas conflict, there have been allegations of indiscriminate targeting
of civilians by both Israeli forces and Palestinian militants. The use of rockets and mortars by
Palestinian armed groups in densely populated areas has raised concerns about compliance with
these principles. At the same time, Israel's airstrikes in Gaza, which have caused civilian casualties
and damage to infrastructure, have faced scrutiny regarding their proportionality and the adequacy
of precautions taken.
Blockade of Gaza
The blockade of the Gaza Strip by Israel has been a contentious issue in terms of international law.
Critics argue that the blockade constitutes a form of collective punishment, which is prohibited
under international humanitarian law. Collective punishment involves the imposition of penalties
or suffering on a population as a whole for the acts of a few individuals. The blockade, which
restricts the movement of people and goods in and out of Gaza, has been criticized for its impact
on the civilian population, including access to essential goods and services.

Israel contends that the blockade is a legitimate security measure aimed at preventing the
smuggling of weapons and materials used for constructing rockets by Hamas and other militant
groups in Gaza. However, the debate over the blockade's legality and its humanitarian
consequences has prompted international legal challenges and calls for its modification or lifting.
International Criminal Court (ICC) and Accountability
In 2015, Palestine became a member of the International Criminal Court (ICC), enabling it to
submit complaints against Israel for alleged war crimes and other international crimes. This move
brought the Israel-Hamas conflict under the jurisdiction of the ICC, marking a significant
development in terms of accountability under international law. The ICC's jurisdiction extends to
crimes committed on the territory of a member state, which includes Palestine. Palestinian
authorities have since submitted a series of communications to the ICC, alleging that Israeli
officials and military personnel have committed war crimes during the course of the conflict. Israel,
which is not a party to the ICC Statute, has challenged the court's jurisdiction in this matter. The
ICC's preliminary examinations and potential investigations have raised complex legal issues
related to the scope of the court's jurisdiction, the definition of war crimes, and the identification
of responsible individuals. The pursuit of accountability through the ICC has been a source of
debate within the international community, with some arguing that it can serve as a deterrent to
future violations and promote justice, while others express concerns about the politicization of the
court's proceedings and its potential impact on the peace process.
Diplomatic Efforts and Peace Initiatives
International law also plays a central role in diplomatic efforts to resolve the Israel-Hamas conflict.
Various international actors, including the United Nations, regional powers, and mediators, have
engaged in peace initiatives and negotiations, guided by international legal frameworks and
principles. These diplomatic efforts aim to bring about ceasefire agreements, conflict resolution,
and a peaceful settlement.
The United Nations Security Council (UNSC) has played a critical role in addressing the Israel-
Hamas conflict, passing numerous resolutions over the years. UNSC Resolution 242, adopted in
the aftermath of the Six-Day War in 1967, has been a foundational document in the peace process,
calling for the withdrawal of Israeli forces from territories occupied during the conflict.
The Oslo Accords, signed in the 1990s, established a framework for negotiations between Israel
and the Palestine Liberation Organization (PLO) and aimed to address key issues such as borders,
refugees, and the status of Jerusalem. These negotiations were conducted with a view to reaching
a two-state solution, with an independent Palestinian state alongside Israel.
The Quartet on the Middle East, composed of the United Nations, the United States, the European
Union, and Russia, has also played a role in mediating and supporting peace efforts in the region.
These diplomatic initiatives are based on principles of international law, including the recognition
of the right to self-determination for the Palestinian people and the necessity of peaceful
negotiation and conflict resolution.
Challenges and Criticisms of Coercive Measures
Throughout the history of the Israel-Hamas conflict, various forms of coercive measures have been
employed by both parties and the international community. These measures are often intended to
pressure one side into making concessions or to compel adherence to international law. However,
they come with their own set of challenges and criticisms:
The impact on civilians is a major concern. Coercive measures, such as airstrikes and rocket
attacks, have led to civilian casualties and the displacement of populations. The blockade of Gaza
has exacerbated humanitarian suffering, affecting access to healthcare, education, and basic
necessities.

CONCLUSION
In conclusion, the Israel-Hamas conflict has had far-reaching and deeply concerning implications
for human rights. The conflict has been marked by recurring violence, causing significant civilian
casualties, destruction of infrastructure, and widespread displacement. These events have raised
serious questions about adherence to international humanitarian law and human rights standards
by both parties involved.
Key issues include the loss of civilian lives, damage to civilian infrastructure, restrictions on access
to essential services, and the impact of the long-standing blockade of Gaza. These human rights
violations have been documented by international organizations, human rights groups, and the
United Nations.
While the conflict's complexities and political dimensions are acknowledged, it is essential to
prioritize the protection of civilians and respect for international law. A peaceful and just resolution
to the Israel-Hamas conflict remains a critical goal, and achieving it will require concerted efforts
to address the root causes of the conflict, promote dialogue, and uphold the principles of human
rights and international law. International actors, including the United Nations and regional
powers, play a vital role in facilitating negotiations and working toward a lasting and equitable
solution that respects the rights and dignity of all those affected by this protracted conflict.