Israel’s Ceasefire Violation: A Legal Analysis of War Crimes in Gaza

On March 17, 2025, during the holy month of Ramadan, Israel launched deadly airstrikes on Gaza, killing nearly 400 Palestinians and injuring 600, breaking the ceasefire agreement with Hamas that had been in place since January 2025. The ceasefire, reached through international mediation by Egypt, Qatar, the UN, and the US, aimed to halt hostilities, ensure hostage release, and allow humanitarian aid. This attack has been the deadliest in the 17-month conflict. The humanitarian catastrophe in Gaza has been exacerbated by a blockade that has prevented the entry of critical commodities such as food, gasoline, and medical supplies for more than two weeks.

The ceasefire agreement, which Israel violated on March 17, 2025, was reached through international mediation and the terms included:

  1. Cessation of Military Operations: Israel and Hamas agreed to a complete halt to airstrikes, artillery shelling, and rocket attacks. Israel’s repeated assault on March 17 directly breached this condition, sparking widespread rioting.
  2. Hostage and Prisoner Exchange: The agreement called for a progressive exchange of Israeli captives in Gaza for Palestinian detainees detained in Israel. Israel claimed Hamas was delaying the process, but its military escalation eliminated any chance of further negotiations.
  3. Humanitarian Aid and Access: The deal required unfettered humanitarian access to Gaza, which included the delivery of food, water, medical supplies, and gasoline. However, Israel established a comprehensive blockade in early March, aggravating the humanitarian catastrophe, before conducting airstrikes.
  4. Commitment to De-escalation: To ensure compliance, the ceasefire contained a system for de-escalation negotiations, which were supported by international observers. Israel’s unilateral military operation disregarded these diplomatic safeguards, thereby ending the peace process.

Israel justified its Gaza airstrikes by accusing Hamas of failing to comply with ceasefire terms, including releasing Israeli hostages. Prime Minister Netanyahu’s office claims Hamas rejected all mediation efforts, while Defense Minister Katz warned of severe military action if detainees are not freed, framing the attack as a response to ongoing security threats. However, the attacks violate international humanitarian law, human rights law, and the laws governing armed conflicts. These violations occur under a variety of legal systems, including the Geneva Conventions, the Rome Statute of the International Criminal Court (ICC), the United Nations Charter, and binding UN Security Council Resolutions. Furthermore, Israel’s actions flagrantly breached the ceasefire agreement in effect since January 2025, reigniting war and increasing Gaza’s already terrible humanitarian circumstances.

  1. Violation of the Fourth Geneva Convention (1949): The Fourth Geneva Convention (1949) is the foundation of international humanitarian law for the protection of civilians during times of war and occupation. Israel’s operations on Gaza directly violate several terms of the pact. Article 27 affirms the protection of civilians during armed situations, stressing that they must always be treated humanely and not subjected to violence, threats, or humiliation. However, Israel’s indiscriminate attacks, which killed over 400 people, mostly women and children, show a clear contempt for this rule. Article 32 prohibits any measures that cause pain to protected persons, such as murder, torture, and cruel treatment. Large-scale bombs, as well as the withholding of basic utilities like water, food, and medical treatment, violate this article. Article 33 expressly prohibits collective punishment, which Israel appears to have implemented in Gaza by killing civilians in response to Hamas’ reluctance to release Israeli hostages. The ongoing blockade of necessary supplies, including medical aid and food, constitutes collective punishment, which is a war crime under international law. Article 147 identifies “willful killing, extensive destruction of property not justified by military necessity, and intentionally directing attacks against civilians” as grave breaches of the Geneva Conventions. Such actions merit prosecution by the International Criminal Court (ICC) and the International Court of Justice (ICJ).
  2. Violation of the Rome Statute of the International Criminal Court (1998): Israel’s acts on March 17 are subject to the jurisdiction of the International Criminal Court (ICC), which investigates and prosecutes war crimes, crimes against humanity, and genocide. The Rome Statute (1998), which founded the ICC, contains many clauses that relate to Israel’s ongoing assault on Gaza. Article 7 defines extermination, persecution, and other inhumane acts that cause considerable suffering or serious injury as Crimes Against Humanity. This article could apply to the purposeful bombing of residential areas, which resulted in mass casualties. Article 8 outlines particular War Crimes, such as purposefully targeting people (8(2)(b)(i)), attacking hospitals and medical units (8(2)(b)(ix)), and using famine as a weapon of war by denying access to humanitarian aid (8(2)(b)(xxv)). This article is violated by Israel’s siege, which includes direct attacks on medical facilities. Article 25 holds political and military leaders personally liable for war crimes and crimes against humanity. This means that Israeli authorities, including Prime Minister Benjamin Netanyahu and military commanders, might face prosecution for their roles in the offensive.
  3. Violation of Additional Protocol I to the Geneva Conventions (1977): Although Israel did not sign Additional Protocol I (1977), which improves civilian safeguards during international conflicts, its rules are widely considered as customary international law and apply to all governments. Article 51(4) & (5) prohibit indiscriminate assaults on military and civilian targets. The intensive bombing assault in heavily populated areas like as Gaza City and Rafah indicates apparent violations of this guideline. Article 54(1) and (2) prohibit civilian starvation as a form of warfare, including the destruction of food supply and water sources. Israel’s blockade of Gaza, which prevents crucial humanitarian help from reaching Palestinians, is a flagrant violation of this article.
  4. Violation of the UN Charter and UN Security Council Resolutions: The United Nations Charter (1945), which is obligatory on all UN member states, forbids acts of aggression and promotes peaceful conflict settlement. Article 2(4) prohibits the use of force against any state’s territorial integrity or political independence, unless authorized by the UN Security Council or carried out in self-defense. Despite the ceasefire agreement, Israel’s March 17 strike lacked UN authority and violated this fundamental principle. This is similar to the ruling in Nicaragua v. United States (ICJ, 1986), where the ICJ found that U.S. support for Contra rebels violated international law by engaging in unlawful aggression against Nicaragua. Similarly, Israel’s unilateral airstrikes in Gaza without UN authorization constitute a breach of international law, representing an act of aggression.
  5. Violation of International Humanitarian Law (War Crimes): International humanitarian law, including the Geneva Conventions and the Rome Statute, prohibits deliberate attacks on civilians and civilian infrastructure during armed conflict. Article 8 of the Rome Statute outlines specific war crimes, including the intentional targeting of civilians and civilian objects. A case illustrating the prosecution of such conduct is Prosecutor v. Al Mahdi (ICC, 2016), where the ICC convicted Ahmad Al Mahdi for intentionally directing attacks against cultural heritage sites in Mali, reinforcing the importance of protecting civilian infrastructure during conflict. In Gaza, Israel’s airstrikes on hospitals, schools, and residential areas—none of which had military significance—violate these protections. These attacks could constitute war crimes under the Geneva Conventions and the Rome Statute.
  6. Violation of the Ceasefire Agreement (2025): Israel and Hamas agreed to a cease-fire in early 2025, which was negotiated by international agencies such as Egypt, Qatar, and the UN. The parameters of this agreement included the stop of military actions by both sides, the liberation of Israeli hostages and Palestinian detainees, and the opening of humanitarian relief channels into Gaza, etc., which were violated by Israel’s attack on Gaza.

Israel’s unilateral attacks on March 17 violated the deal, reigniting the conflict and further destabilizing the region. Such violations jeopardize diplomatic efforts and establish a bad precedent for future ceasefire talks. Under international law, violating a ceasefire is considered an act of aggression and can be reported to the UN Security Council for further action. The commencement of Israeli military operations in Gaza during Ramadan, combined with the deliberate targeting of civilians, hospitals, and infrastructure, represents serious violations of international humanitarian law. Given the severity of these offenses, there are various legal avenues for accountability:

  1. The International Criminal Court (ICC): The ICC’s existing investigation into war crimes in the Israeli-Palestinian conflict may be expanded to include the March 17 attacks. The Rome Statute allows for the prosecution of high-ranking Israeli officials for crimes against humanity and war crimes.
  2. The International Court of Justice (ICJ): The International Court of Justice (ICJ), which handles state disputes, could hear a complaint made by Palestine or other nations against Israel for violating international treaties.
  3. UN Security Council and General Assembly: Sanctions, arms embargoes, and international pressure could be stepped up with new resolutions criticizing Israel’s actions.
  4. Universal Jurisdiction Cases: Some countries, including Spain, Belgium, and South Africa, have universal jurisdiction statutes that enable them to try war crimes committed elsewhere.  Legal action could be taken against Israeli leaders in these jurisdictions.

Israel’s continued bombardment on Gaza, particularly during Ramadan, represents not only a serious humanitarian crisis but also a flagrant violation of international law.  With hundreds of people killed, thousands injured, and humanitarian relief delayed, global legal and diplomatic pressure is certain to increase.  As international bodies and human rights organizations continue to document these abuses, cries for accountability, ceasefire restoration, and justice for Palestinian victims will become increasingly loud.

Author’s Biography: Md. Shawkat Alam Faisal holds an LL.B. (Hons.) and an LL.M. in International Law from the University of Rajshahi, Bangladesh, and currently serves as an Apprentice Lawyer at the Bangladesh Bar Council.

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