The war in Gaza is not a spontaneous eruption of violence — it is the result of deliberate political, legal, and military choices. While global headlines focus on daily strikes and ceasefire talks, the structural dynamics that keep this war alive remain dangerously under-examined. Chief among them: how Hamas’s methods — from the use of human shields to indiscriminate attacks — systematically prolong conflict, violate international law, and entrench suffering for both Palestinians and Israelis.
The Rules of War Apply — Even in Asymmetry
International Humanitarian Law (IHL), most notably the Geneva Conventions and their Additional Protocols, governs armed conflict and binds all parties — state and non-state — to standards of conduct. These rules prohibit the targeting of civilians, require clear distinction between combatants and non-combatants, and ban the use of human shields or indiscriminate weapons.
Hamas, though not a state, is obligated to uphold IHL. So is Israel, which — as an occupying power in Gaza under most legal interpretations — holds enhanced obligations, including protection of civilians and enabling humanitarian relief. Legal asymmetry does not excuse legal nihilism.
How Hamas Prolongs the War
Embedding Fighters in Civilian Areas
Hamas places its military assets — command centers, weapons depots, rocket launchers — in or near homes, hospitals, schools, and mosques. This strategy turns civilian infrastructure into tactical shields.
Legal violation: This violates Article 28 of the Fourth Geneva Convention. It endangers civilians and undermines the principle of distinction.
Indiscriminate Rocket Fire
Hamas’s rockets, often unguided, are fired at Israeli towns and cities without regard for civilian safety. Since 7 October 2023, thousands have been launched toward civilian population centers.
Legal violation: Indiscriminate attacks contravene IHL and constitute war crimes under international statutes.
Manipulation of Humanitarian Channels
There is credible evidence that Hamas has diverted fuel, aid, and building materials for tunnel construction and weapons development. It has also repeatedly rejected or conditioned ceasefire efforts.
Impact: Aid becomes weaponised, while truce opportunities are squandered — reinforcing stalemate and deepening Gaza’s suffering.
The Human Cost for Palestinians
Contrary to its claims of resistance, Hamas’s strategies inflict mass suffering on Palestinian civilians — the very population it purports to defend.
- Mass casualties: Israel’s retaliatory strikes, aimed at embedded targets, often kill civilians. As of July 2024, tens of thousands have died in Gaza, including a high proportion of children.
- Systemic collapse: Gaza’s health, water, and power infrastructure is decimated. International agencies warn of famine-like conditions.
- No democratic recourse: Hamas’s authoritarian rule has crushed dissent in Gaza. Journalists, activists, and political opponents face intimidation or imprisonment.
- Youth without futures: Unemployment, trauma, and educational disruption dominate the lives of Palestinian youth. For many, there is no horizon beyond the blockade.
Israel’s Legal Responsibilities: Accountability Must Be Universal
Israel, too, faces legal scrutiny. As an occupying power and military actor, it is obligated to minimise civilian harm, prevent collective punishment, and ensure humanitarian access. Allegations of disproportionate use of force and siege tactics require robust investigation and legal accountability.
But holding one party accountable does not absolve the other. The law does not operate on moral equivalence — it operates on universal principles.
Conclusion: The War Is Prolonged by Design
This is not merely a war of attrition — it is a war of design. Hamas’s tactics prolong conflict by violating international law, weaponising civilian suffering, and manipulating legal ambiguities. At the same time, Israel’s military responses and blockade policies contribute to a status quo where peace is perennially deferred and justice obscured.
Ending the conflict demands legal clarity, not slogans. Political courage, not diplomatic cliché. And above all, a renewed commitment to protecting civilian lives — all of them.
Sources and Further Reading
- ICRC – Commentary on the Fourth Geneva Convention
- ICRC – Occupying Power Responsibilities
- UN OCHA – Gaza Humanitarian Update #30.7
- Human Rights Watch – October 7: War Crimes by Hamas-led Groups
- Amnesty International – Legal Obligations in Gaza Conflict
- OHCHR – Hostage-Taking and Civilian Impact
- ICRC – Additional Protocols to the Geneva Conventions (1977)
📌 Disclaimer
This article is intended for informational and analytical purposes only. It reflects the editorial perspective of Citizen of Europe and draws on verified public sources, including statements and reports by international legal bodies, humanitarian organizations, and human rights institutions. The content does not constitute legal advice.
All efforts have been made to ensure factual accuracy at the time of publication. Hyperlinked sources are provided for transparency and further reading. Any quoted material is attributed to its original source. The views expressed herein are those of the author(s) and do not necessarily reflect the positions of the cited institutions.
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