Author: Kainaat Afreen
To the Point
The Palestine-Israel conflict is more than a political battle; it is a deeply rooted legal and human crisis. It involves occupation, displacement, and repeated violations of international law. Both sides have experienced suffering, but the legal framework provides a clear information: end the occupation, protect civilians, and uphold the right to self-determination. This article simplifies the conflict’s legal history, facts, and current situations so readers can understand what is lawful, what is not, and what justice could look like.
Abstract
This article explains the Palestine-Israel conflict using law and history. It covers the origins of Jewish migration to Palestine, Britain’s colonial role, the 1948 and 1967 wars, and peace efforts like the Oslo Accords. The current war (2023-2025) has seen mass civilian deaths and accusations of war crimes. Using UN resolutions, international law says, what has gone wrong, and what can be done to ensure peace based on justice, not power.
Use of Legal Jargon
Occupation: When a country controls land that doesn’t belong to it, usually by military force. International law restricts this.
Self-determination: The right of a people to govern themselves and have their own country.
Apartheid: A system where one group of people is treated better under the law than another, often based on race or ethnicity.
War crimes: Serious violations of war laws, like targeting civilians, using starvation, or destroying hospitals.
Genocide: Acts intended to destroy, in whole or part, a group of people based on ethnicity, religion, or nationality.
The Proof- How the Conflict Unfolded
Jewish Migration and British Promises (Late 1800s – 1947)
In the late 19th century, Jews started migrating to Palestine to avoid persecution in Europe. In 1917, Britain supported the idea of a Jewish homeland in Palestine, even though most people living there were Arabs. Britain also made secret and conflicting promises to Arabs and the French about the same land. This laid the foundation for future conflicts.
2. The UN’s 1947 Partition Proposal and the Nakba of 1948
In 1947, the United Nations suggested dividing Palestine into two separate states, allocating 57% of the territory to the Jewish population and 43% to the Arab population. Jerusalem would be international. Jewish leaders agreed; Arabs leaders rejected it. When Israel declared independence in 1948, Arabs countries in the region launched an attack. Israel won and took more land than the UN had given. Over 700,000 Palestinians were expelled or fled, an event Palestinians call the Nakba (“Catastrophe”).
1967 War and Military Occupation
In the Sixth-Day War, Israel occupied the Gaza Strip, the West Bank, and East Jerusalem-territories meant for a future Palestinian state. Under International law, this occupation was not legal. Israel began building settlements (Israeli towns) in the West Bank and East Jerusalem. The UN and International Court of Justice have declared these settlements illegal.
Oslo Accords: A Hope for Peace (1993)
In 1993, Israeli Prime Minister Yitzhak Rabin and Palestinian leader Yasser Arafat signed the Oslo Accords. It was the first mutual recognition between Israel and the Palestinians got limited self-rule in parts of Gaza and the West Bank. But in 1995, Rabin was assassinated by an Israeli extremist, bringing the peace process to a sudden stop.
Rise of Hamas and Internal Palestinian Division
Hamas, a Palestinian group opposing Israel’s existence, gained power in Gaza after winning elections in 2006. Hamas and the Fatah-led Palestinian Authority broke apart in a violent conflict. Today, Hamas control Gaza while the West Bank is governed by the Palestinian Authority. This division has weakened the Palestinian position in peace talks.
2023-2025 War and Accusations of Genocide
On October 7, 2023, Hamas launched an attack on Israel, killing civilians. Israel responded by carrying out a large-scale military offensive in Gaza. Over 30,000 Palestinians, mostly civilians, have died. Israel bombed hospitals, schools, and refugee camps. UN experts and legal scholars say these actions may amount to genocide or war crimes. Gaza’s infrastructure is destroyed, and most people lack food, water, and medicine.
Case Laws and Resolutions
UN Security Council Resolution 2334 (2016)
Says Israeli settlements in the West Bank and East Jerusalem are illegal and violate international law. Demands that Israel stop building them.
International Count of Justice (ICJ) Wall Advisory Opinion (2004)
The ICJ ruled that Israel’s separation wall in the West Bank is illegal and must be dismantled. It said the wall harms Palestinian rights and cannot be justified as an act of defense. The court highlighted that the barrier passes through Palestinian agricultural land, hinders freedom of movement, and reduces access to medical facilities, schools, and places of worship.
ICJ Occupation Ruling (2024)
The ICJ reaffirmed that Israel’s occupation of Palestinian territories is illegal. It called on all states not to support or recognize actions that maintain this occupation. The court also emphasized the continued settlement expansion as a violation of the Fourth Geneva Convention.
International Criminal Court (ICC) Arrest Warrants (2025)
The International Criminal Court (ICC) issued arrest warrants for Israeli leaders, accusing them of war crimes such as attacking civilians, enforcing collective punishment, and blocking humanitarian aid. Hamas leaders were charged for targeting Israeli-taking. The arrest warrants reflect growing global legal pressure for accountability on both sides.
Geneva Conventions (1949)
These are the core rules of war. They prohibit harming civilians, destroying hospitals, and blocking humanitarian aid. Violations may be prosecuted as war crimes. Article 49 of the Fourth Geneva Convention specifically prohibits transferring the occupying power’s civilian population into the territory it occupies, which is directly relevant to Israeli settlements.
The Rome Statute Establishing the International Criminal Court (1998)
This treaty defines crimes like genocide, war crimes, and crimes against humanity. Both the ICC and legal scholars use this statute to determine whether actions by Israeli or Palestinian actors meet the threshold for international prosecution. Article 8 defines unlawful military attacks and the targeting of civilian infrastructure as prosecutable offenses.
Human Rights Council Reports (2019-2025)
UN investigations over the years have concluded that Israeli military operations in Gaza often use disproportionate force. The reports cite evidence of intentional targeting of civilian infrastructure, collective punishment, denial of humanitarian access.
Conclusions
The Israeli-Palestinian conflict has endured for more than a century, rooted in deep historical, political, and territorial disputes. History and law show a consistent truth: both people deserve safety, but the occupation of Palestinian land is illegal and must end. Peace cannot be built on the suffering of the one side. International law offers a clear guide: protect civilians, respect borders, and uphold the right of return and self-determination.
FAQs
Why did Jews move to Palestine in the first place?
To escape anti-Semitism and persecution in Europe. Many viewed Palestine, which they considered their historic homeland, as a secure place to establish a Jewish nation.
What is the Nakba?
Nakba means ‘catastrophe’ in Arabic. It describes the forced displacement of more than 700,000 Palestinians during the 1948 war, when Israel was established and many lost their homes.
Are Israeli settlements legal?
No. According to UN Security Council Resolution 2334 and the International Court of Justice, Israeli settlements in the West Bank and East Jerusalem violate international law. Occupying powers are not allowed to transfer their population into occupied territory.
Can Israel claim self-defense for attacks on Gaza?
Not legally. Under international law, a self-defense cannot be claimed inside land a country occupies. Despite withdrawing troops in 2005, Israel maintain control over Gaza’s borders, airspace and aid is still considered ongoing.
What does international law say about war?
The Geneva Conventions prohibits targeting civilians, using starvations as a weapon, destroying hospitals and schools is considered as war crime and lead to prosecution.
What is the solution?
A fair two-state solution, respect for international law, justice for victims, and an end to the occupation. Peace requires legal rights, not just ceasefires.
Is the current war a genocide?
Yes, it is genocide. Legal experts, the UN, and the International Court of Justice have found strong evidence of genocidal acts of Israel in Gaza, including mass destruction of Infrastructure.
As of July 2025, over 58,000-84,000 Palestinians have been killed, most of them civilians, including more than 17,000 children. The death toll may be higher when indirect deaths (from starvation and lack of medicine) are included.
Is any country or International Law actually helping stop the genocide?
No. Despite ICJ warnings of a “plausible genocide” in Gaza, powerful nations like the U.S., U.K, and Germany continue to support Israel diplomatically and militarily. The U.S. vetoed UN ceasefire calls, and no major country has enforced ICJ rulings or imposed serious sanctions. International law exists, but without enforcement, it remains ignored.
What can ordinary people do?
Stay informed from credible sources
Support humanitarian aid to Gaza
Demand accountability under international law
Pressure governments to stop supporting illegal actions. Change starts with awareness and collective voices demanding justices.
