Subsequently, the IDF has been engaging in intense fighting with the aim of denying pertaining to the ‘Hamas and other terrorist groups in Gaza the capacity to continue attacking its citizens and law on the use of territory.’4 As a result of the IDF operation, an estimated 17,000 Palestinian inhabitants of force and the Gaza have been killed, 7,000 of whom were children.5 Moreover, 1.9 million Pal. [...] In particular, the conflict raises the following questions: (1) Does Israel have the right of self-defence against Hamas? (2) Is Gaza still an occupied territory, in spite of the IDF’s withdrawal from Gaza in 2005? (3) Is the conduct of hostilities by the IDF in Gaza in compliance with the law of armed conflict? I shall deal with these questions in the subsequent sections. [...] The right of self-defence against the Hamas assault of 7 October 2023 In a letter dated 7/10/2023 from Israel’s Permanent Representative to the UN addressed to the Secretary General and the President of the Security Council (SC), the Council was notified of the use of force by Hamas against Israel in these terms: ‘This is an attack initiated by terrorist organizations led by Hamas, and this horren. [...] Hamas operates knowingly and deliberately from within densely populated 1 The conflict originates in the era immediately preceding the establishment of the State of Israel at the time of the withdrawal of the UK administration from Palestine in 1947-48. [...] As the armed attack or simply a breach of the rule of the non-use of force short of an armed attack.9 use of force against Israel has The right of a victim State to use force in self-defence against armed groups as autonomous been perpetrated actors violating the prohibition on the use of force is supported by individual Judges of the by Hamas, a non- ICJ10 and a number of writers.11 However, Stat.
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