The International Bar Association's Human Rights Institute (IBAHRI) condemns Israel's renewed airstrikes and shelling of Gaza that began on the night of 17 March. With reports of almost 600 people killed since shelling resumed, the recorded estimated number of Palestinian fatalities stands in excess of 50,000 a disproportionate number of whom are non-combatants. In addition to the deaths, 562 Palestinians are reported to have been injured as Ramadan - a time of fasting, prayer, reflection and community for Muslims in Gaza and around the world - is observed.
The grievous war crimes committed by Hamas on 7 October 2023, was a heinous violation of international law. The taking of hostages is a contravention of international humanitarian law (IHL) which continues to be committed by Hamas. IBAHRI denounces these actions and the horrific atrocities of October 2023.
Despite the violations of Hamas, Israel too must abide by IHL. The IBAHRI views the Israeli air strikes as an egregious act following reports that defenceless Palestinian people who had been returning to Gaza since the ceasefire began on 19 January 2025 were targeted, as well as evacuation centres where many women and children were killed.
IBAHRI Director, Baroness Helena Kennedy LT KC , said: 'The Geneva Conventions, introduced in 1949, symbolised the international community taking a stand against inhumane acts in wartime. Civilians, prisoners of war, wounded and sick combatants were to be protected, and the horrific acts witnessed in the Second World War were to be actions of the past. The violent attacks against the Palestinian people, who were disproportionately vulnerable women and children, evidences a clear breach of the laws of war.'
In support of the IBAHRI's position, Dr Mark Ellis, commented: 'Protecting civilians under international humanitarian law is a non-derogable principle. Even beyond treaties, protecting civilians is the norm. While exceptions under IHL, such as collateral damage in proportionate military operations, exist, they cannot shroud indiscriminate targeting of civilians, which remains absolutely prohibited.'
In November 2023, the IBAHRI called on both parties to the conflict to honour the principles of proportionality, necessity and distinction to which they are bound under customary and codified IHL. The IBAHRI stands by this call and strongly urges both sides to respect these vital principles.
The IBAHRI implores both sides to resume negotiations immediately to achieve a permanent cessation of the war and for the return of all hostages to prevent further catastrophic attacks.
