Does Israel have the right to self-defence in Gaza?
Al JazeeraMany experts believe Israel’s case is weak because Gaza has in effect been under Israeli control. Israel has stormed Gaza’s largest hospital and bombed residential areas and refugee camps in attacks the United Nations human rights chief Volker Turk says have unleashed a “nightmarish” situation in the besieged Palestinian enclave. According to Article 51 of the UN Charter, until the UN Security Council takes measures to maintain international peace and security, “nothing in the charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a member of the United Nations.” Ever since Israel embarked on the bombardment of the Gaza Strip, its officials and its Western allies – from the United States and United Kingdom to the European Union – have defended Israeli actions by pointing to Article 51. Neve Gordon, a professor of international law and human rights at Queen Mary University of London, said both Hamas’s and Israel’s actions were “clearly war crimes”, adding that it was “obvious to anyone” that Hamas’s actions on October 7 violated IHL. One way Hamas uses civilians as “human shields”, Israel insists, is by allegedly operating out of schools, hospitals, refugee camps and shelters.