Explainer: What war crimes laws apply to the Israel-Palestinian conflict?

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Conflict between Israel and Palestinian forces since militant group Hamas' Oct. 7 assault have created a huge and rising death toll - and accusations of war crimes - on both sides.

since militant group Hamas' Oct. 7 assault have created a huge and rising death toll - and accusations of war crimes - on both sides.

The taking of hostages, murder and torture are explicitly banned under the Geneva Conventions, while Israel's response could also be subject to a war crimes investigation. A siege can be considered a war crime if it targets civilians, rather than a legitimate means to undermine Hamas' military capabilities, or if found to be disproportionate.

Proportionality is not a numbers game where toll of civilian casualties on one side is compared to the other, rather the loss of civilian life should be proportionate to the direct and concrete military advantage expected from that specific attack.The first in line to try alleged war crimes are local jurisdictions, in this case courts in Israel and the Palestinian territories.

 

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