Reconciling Military Necessity with Humanitarian Consideration. The Case of the Israeli-Hamas Armed Conflict

Essay from the year 2023 in the subject Politics - Topic: Public International Law and Human Rights, , language: English, abstract: The Foundation upon which international humanitarian law is built is a careful balance between military necessity and humanitarian consideration. Military Necessity allows a state party to an armed conflict to attack military targets and military operatives, while humanitarian consideration obliges warring parties to distinguish military objects and combatants, from civilian objects and population, while maintaining proportionality.

This research examines the complex issue of reconciling military necessity and humanitarian considerations within the context of the Israeli-Hamas armed conflict. The conflict between Israel and Hamas has been characterized by intense military operations, hideous and blatant violations of human rights, international humanitarian norms, and customary international law, which has had a significant impact on the civilian population in both territories.

This study aims to address the current events in the Israeli-Hamas conflict, and to analyze their implications on international humanitarian law (IHL), human rights and international criminal law. By analyzing the legal framework, ethical dilemmas, and practical implications, this research provides an insight into the complexities of the conflict and the dilemma of establishing a harmonious relationship between military necessity and humanitarian concerns.