The Subtraction of International Humanitary Law: An Analysis through the Lens of the Israel-Hamas Armed Conflict

Abstract

This scientific study explores the historical origins of the conflict between the people of the region of Palestine, starting from its earliest historical records , prima facie , passed down through generations via oral transmission of traditions, ways of life, information, perceptions of reality, and worldviews, in a time when social complexity and dynamics were little beyond the established post-tribal routine. The main focus is the analysis of the contemporary conflict, especially with the rise of organizations like Hamas, as well as how these groups have changed the dynamics of confrontations, resulting in a significant increase in violations of International Humanitarian Law (IHL). Among other issues, the study proposes to approach the violations of International Humanitarian Law (IHL) carried out through attacks on civilians, as well as the use of autonomous weapons and the blocking of humanitarian aid. The methodology is interdisciplinary, combining documentary research, analysis of historical-philosophical sources, and the bibliographic review of renowned authors, with the purpose of examining the origins, roots, and various ramifications of the conflict. The objective is to address the complexity of the conflict in the region and its impact on the global order, while also pressing for solutions that promote respect for and compliance with International Humanitarian Law (IHL) in this extremely challenging context.