Israel, Gaza and the principle of proportionality

Abstract

The text addresses the principle of proportionality in International Humanitarian Law, as applied to the conflict between Israel and Hamas following the attacks in October 2023. It explains that this principle requires that war responses be proportional to the attack received, avoiding crimes such as genocide or war crimes. It analyses how this principle arises from historical contexts, such as the Westphalian Treaties and the Geneva Conventions, to limit barbarism in conflicts. It also mentions that the application of proportionality depends on each State and its interpretation, especially in the case of Israel and Palestine, where the issue remains the subject of legal and political debate.