The situation in Palestine is shaped by a long history of systemic injustice and decades of conflict. Since the Six-Day War of 1967, Israel has effectively maintained military control over the West Bank, East Jerusalem and the Gaza Strip (collectively known as the “occupied Palestinian territory,” or oPt). This occupation is subject to regulation under international law. In 2004, the International Court of Justice (ICJ) confirmed that Israel’s settlement policies and separation barrier violate international law. In 2024, the ICJ issued another advisory opinion, declaring the occupation unlawful and calling for its immediate cessation. The opinion also set out the responsibilities of third states to ensure compliance with international law.
However, despite these legal findings, Israel's policies, such as the expansion of illegal settlements, forced evictions, military operations with a significant impact on civilians, and severe restrictions on movement, have worsened the humanitarian crisis and violated Palestinian rights. Since Hamas's takeover in 2007, Israel has imposed a complete blockade on Gaza, contributing to catastrophic living conditions. Successive military operations, particularly in 2009, 2012, 2014, 2018 and 2021, have exacerbated the dire situation, claiming thousands of civilian lives.
The situation escalated on 7 October 2023, when Hamas and other Palestinian armed groups carried out attacks on Israel, including indiscriminate rocket fire, mass killings, and the taking of hostages. These attacks violated international law and are being investigated by the International Criminal Court (ICC).
Israel’s military response has taken the form of a sustained and devastating campaign against Gaza, resulting in unprecedented numbers of civilian deaths and the widespread destruction of Gaza. Entire residential areas have been leveled, over 90% of homes destroyed, and access to essential services – including water, electricity, and healthcare – has been systematically disrupted. 50,000 Palestinians have been killed so far, the vast majority civilians, including over 20,000 children, with hundreds of thousands more injured or permanently disabled. Humanitarian aid remains heavily restricted.
The nature, scale, and duration of the operation are integrating grave breaches of international humanitarian law, including the disproportionate use of force, collective punishment, and the targeting of civilians and civilian infrastructure. Legal experts and international bodies have characterized (denounced) these actions as war crimes, crimes against humanity, and even genocide.
In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Netanyahu and former Defence Minister Gallant for war crimes and crimes against humanity committed during the ongoing Gaza offensive. These include the use of starvation as a method of warfare and the targeting of civilians. The ICC also noted the deaths of Hamas leaders for whom arrest warrants had been issued.
In this context, ECCHR has been working on seeking justice for the victims of the crimes and serious violations of international law committed in the occupied Palestinian territory. The grave crimes and systematic violations also involve European and other States’ responsibility, for instance through arms exports to Israel, which are in violation of international law. In fact, given the well-documented, serious violations of international humanitarian law that are being committed by Israeli military forces, all third states must avoid complicity in any crimes that may be committed.