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Israel–Gaza Crisis: Understanding the War Crimes Debate

The long conflict between Israel and Palestine took a turn for the worse after the kidnapping and killing of three Israeli teenagers in June 2014. The three teens— Naftali Fraenkel, Gilad Shaer and Eyal Yifrah—disappeared while in the West Bank, leading Israel to conduct a massive manhunt in the Palestinian territory, alleging that they were abducted by members of Hamas (a Sunni Islamist group in Palestine, recognised by many countries as a terrorist organisation). On July 2, 2014, a 16-year-old Palestinian named Muhammed Abu Khdeir was found dead in Jerusalem, leading to reports claiming that it was a revenge killing by Jewish extremists for the murders of the three Israeli boys. These events led to Israel launching ‘Operation Protective Edge’ in the Gaza Strip, which is primarily controlled by Hamas. Since the beginning of the operation on July 8, according to reports, 5,226 air strikes took place in Gaza and 4,591 rockets and mortars were fired at Israel. According to the Israeli Defence Forces (IDF), it attacked 5,263 targets across the Gaza Strip, hitting terror infrastructure, namely rocket launching sites, arms and munitions factories and warehouses, as well as the homes and offices of Hamas and its local regime. Over 34 known tunnels were also destroyed. The asymmetry present between Israel and Palestine was visible in this conflict, especially due to the vast difference between their military capabilities. The Israeli offensive on Gaza has led to 2,168 deaths, of which 1,662 were civilians including 519 children and 297 women. On the other hand, the Israeli authorities have said that 64 Israeli soldiers have been killed, along with six civilians and a Thai national. The world’s outrage towards the high civilian causalities in the conflict has led to the discussion of possible war crimes committed by the actors involved by various states and UN authorities. After 50 days of fighting, on August 26, 2014, Hamas, Islamic Jihad, Palestinian Authority and Israel agreed on an open-ended ceasefire. Under the Egyptian-brokered deal, Israel will ease imports into Gaza, including aid and material for reconstruction. It also allows Palestinians to fish up to six nautical miles (NM) offshore, doubling the existing limit. More difficult issues will be deferred for further indirect talks between the two parties. They include Hamas’ demands for an airport and seaport in Gaza and the release of Palestinian prisoners, and Israel’s insistence on the disarmament of militant groups and the return of the remains of two of its soldiers killed in the fighting. The ceasefire talks between the two parties were supposed to