Introduction

The Gaza War is known as Operation Cast Lead by the Israel Defence Forces and the Gaza
massacre in the Arab world, was a three-week military conflict between Israel and Hamas
that took place in the Gaza Strip and southern Israel during the winter of 20082009.
On 18 December Hamas declared the end of a six-month ceasefire with Israel and on 24
December began an intensification of rocket fire towards the country's towns. On 27
December Israel began a wave of airstrikes on the Gaza Strip with the stated aim of stopping
the rocket attacks from and arms smuggling into the territory. Israeli forces attacked military
targets, police stations and government buildings. There was also significant damage to
civilian buildings. Hamas further intensified its rocket and mortar attacks against Israel,
hitting civilian targets throughout the conflict and reaching major Israeli cities Beersheba and
Ashdod for the first time. An Israeli ground invasion began on January 3, 2009. The war
ended on January 18, when Israel first declared a unilateral ceasefire, followed by Hamas
announcing a one-week ceasefire twelve hours later. Israel completed its withdrawal on
January 21.
Between 1,166 and 1,417 Palestinians and 13 Israelis were killed. More than 400,000 Gazans
were left without running water, while 4,000 homes were destroyed or badly damaged,
leaving tens of thousands of people homeless; 80 government buildings were hit.
A UN mission headed by Judge Richard Goldstone was established in April 2009 and
produced a report in September 2009, accusing both Palestinian militants and Israeli Defence
Forces of war crimes and possible crimes against humanity, and recommending bringing
those responsible to justice. In October 2009 the UN Human Rights Council endorsed the
report by 25 votes for, 6 against and 16 failures to vote. Against Goldstone's
recommendations, the Council singled out Israel exclusively for reprimand without any
mention of Hamas.

Origin of the conflict

The Gaza Strip is a coastal strip of land on the eastern shore of the Mediterranean Sea
bordering Egypt and Israel. It is one of the most densely populated places on earth. According
to the CIA Factbook as of July 2008, it holds a population of 1,500,202 on an area of 360
square kilometers (139 sq mi). The UN, Human Rights Watch (HRW) and many other
international bodies and NGOs consider Israel to be the occupying power of the Gaza Strip as
Israel controls Gaza's airspace, territorial waters and does not allow the movement of people
or goods in or out of Gaza by air or sea. Israel maintains that its occupation of Gaza, as
defined by Article 6 of the Fourth Geneva Convention, ended following the completion of its
unilateral disengagement plan in 2005, asserting that Israel has no functions of government in
the Gaza Strip. Hamas assumed administrative control of Gaza following the 2006
Palestinian legislative elections and its 2007 military victory after the attempted ouster of
Hamas by Fatah, the secular Palestinian nationalist party. Subsequently, Egypt closed the
Rafah Border Crossing when EU monitors left in July 2007. Israel closed off all remaining
access to Gaza around the same time. The blockade allowed Israel to control the flow of
goods going into Gaza, including power and water. Israel halted all exports and only allowed
shipments into Gaza to avert a humanitarian crisis. Palestinian groups were partially able to
bypass the blockade through tunnels, some of which were used for weapons smuggling.
Israelis killed by Palestinians in Israel and Palestinians killed by Israelis in Gaza according to
B'Tselem. Between 2005 and 2007, Palestinian groups in Gaza fired about 2,700 locallymade Qassam rockets into Israel, killing four Israeli civilians and injuring 75 others. During
the same period, Israel fired more than 14,600 155mm artillery shells into the Gaza Strip,
killing 59 Palestinians and injuring 270. The Palestinian fatalities were, according to Human
Rights Watch, "primarily if not exclusively civilians."
According to the Office for the Coordination of Humanitarian Affairs, between 2005 and
2008, 116 Israelis, including civilians and Israeli security forces, which includes Israeli
police, Israeli Border Police and members of the armed services, were killed in both Israel
and the Palestinian Territories in "direct conflict related incidents" and 1,509 were injured.
During this time, 1,735 Palestinians, including civilians and militants from various groups,
were killed and 8,308 wounded in "direct conflict related incidents.

Human Right Crises in Gaza

The United Nations Office for the Coordination of Humanitarian Affairs reported that the
Gaza strip humanitarian crisis is significant and should not be understated. It also states that
the situation is a "human dignity crisis" in the Gaza strip, entailing "a massive destruction of
livelihoods and a significant deterioration of infrastructure and basic services". Fear and
panic are widespread; 80 percent of the population cannot support themselves and are
dependent on humanitarian assistance. The International Red Cross said the situation was
"intolerable" and a "full blown humanitarian crisis." The importation of necessary food and
supplies continues to be blocked even after the respective ceasefires. According to the World
Food Programme, the UN's Food and Agriculture Organization and Palestinian officials,
between 35% and 60% of the agriculture industry was wrecked. With extensive damage
occurring to water sources, greenhouses, and farmland. It is estimated that 60% of the
agricultural land in the north of the Strip may no longer be arable. More than 50,800 Gazans
were left homeless. Extensive destruction was caused to commercial enterprises and to public
infrastructure. According to Palestinian industrialists, 219 factories were destroyed or
severely damaged during the Israeli military operation. They accounted as part of the 3% of
industrial capacity that was operating after the Israeli blockade was imposed, which was
mostly destroyed during the operation.
On January 3, prior to the IDF ground operation, Israel's foreign minister Tzipi Livni said that
Israel had taken care to protect the civilian population of Gaza, and that it had kept the
humanitarian situation "completely as it should be", maintaining Israel's earlier stance. The
Secretary-General of the Arab League, Amr Moussa, criticized Livni's statement and further
criticized the Security Council for not responding faster to the crisis. On subsequent reports,
the UN stated that "only an immediate cease-fire will be able to address the large-scale
humanitarian and protection crisis that faces the people of Gaza".
The Emergency Relief Coordinator of the United Nations has stated that after the end of the
Israeli operation, at best, only 120 truckloads get into Gaza, instead of the normal daily
requirement, including commercial traffic, of 500 trucks at minimum. It is also reported in his
statement and other UN humanitarian office reports that essential items such as construction
materials, water pipes, electrical wires, and transformers continue to be effectively banned, or
only allowed infrequently. He also stated that commercial goods must be allowed in and out,

since Gaza Palestinians "do not want or deserve to be dependent on humanitarian aid" and
that the "limited trickle" of items into Gaza continue the effective collective punishment of
the civilian population and force the counter-productive reliance on tunnels for daily
essentials.
As a result of the conflict, the European Union, the Organization of the Islamic Conference
and over 50 nations donated humanitarian aid to Gaza, including the United States which
donated over $20 million. On January 7, a UN Relief Works Agency spokesman
acknowledged that he was "aware of instances where deliveries of humanitarian aid into
Gaza" were diverted by the Hamas government, though never from his agency. Additionally,
on February 3, blankets and food parcels were confiscated by Hamas police personnel from
an UNRWA distribution center, and on February 4, the UN Emergency Relief Coordinator
demanded that the aid be returned immediately. The Hamas government issued a statement
stating that the incident was a misunderstanding between the drivers of the trucks and has
been resolved through direct contact with the UNRWA. On February 9, UNRWA lifted the
suspension on the movement of its humanitarian supplies into Gaza, after the Hamas
authorities returned all of the aid supplies confiscated. The UN Office for the Coordination of
Humanitarian Affairs has described the Israeli procedures for humanitarian organizations
entrance to Gaza as inconsistent and unpredictable ones that impedes the ability of
organizations to effectively plan their humanitarian response and obstructs efforts to address
the humanitarian crisis brought by the 18 months blockade and Israel's military operation.
The UN also reported that international organizations have faced "unprecedented denial" of
access to Gaza by Israel since 5 November and that humanitarian access remains unreliable
and needs to be granted in a daily basis unrestricted.
In a damage assessment by the World Health Organization, 48% of the 122 health facilities
assessed were found to be damaged or destroyed. 15 of Gaza's 27 hospitals and 41 primary
health care centers suffered damages. 29 ambulances were partially damaged or destroyed.
Injured patients needing referral outside Gaza for specialized care were evacuated exclusively
through the Egyptian Rafah border crossing. In the early stages of the conflict, Hamas sealed
the border, and prevented wounded Palestinians from seeking medical attention in Egypt. On
30 December, the organization allowed a trickle of medical evacuations from Gaza, but
restricted their number. Gaza Ministry of Health reported that between December 29 and
January 22, 608 injured were evacuated through Rafah. The Israeli Erez crossing was closed
much of the period and only 30 patients were able to exit during the crisis. An initial survey

conducted by the UN Development Programme (UNDP) estimates that 14,000 homes, 68

government buildings, and 31 non-governmental organization offices (NGOs) were either
totally or partially damaged. As a result, an estimated 600,000 tonnes of concrete rubble will
need to be removed. Since 2007, construction material have not permitted entry into Gaza,
adversely affecting UN projects, in particular UNRWA and UNDP which were forced to
suspend more than $100 million in construction projects due to lack of materials.

International Law and Gaza War

Accusations of violations regarding international humanitarian law, which governs the
actions by belligerents during an armed conflict, have been directed at both Israel and Hamas
for their actions during the Gaza War. The accusations covered violating laws governing
distinction and proportionality by Israel, the indiscriminate firing of rockets at civilian
locations and extrajudicial violence within the Gaza Strip by Hamas. As of September 2009,
some 360 complaints had been filed by individuals and NGOs at the prosecutor's office in
The Hague calling for investigations into alleged crimes committed by Israel during the Gaza
War.
On September 15 2009, a 574 page report by UN inquiry team was released, officially titled
"Human Rights in Palestine and Other Occupied Arab Territories: Report of the United
Nations Fact Finding Mission on the Gaza Conflict". It concluded that the Israel Defence
Force (IDF) and Palestinian armed groups committed war crimes and possibly crimes against
humanity. On October 16 2009, the UN Human Rights Council endorsed the report.
The UN Human Rights Council as well as many non-governmental organizations and notable
figures, such as Amnesty International and Human Rights Watch, have accused Israel of
imposing collective punishment on the population of Gaza by the blockade, invasion and
bombardment of Gaza. Several experts in the field, though, argue that the bar on collective
punishment forbids the imposition of criminal or military penalties (imprisonment, death, etc)
on some people for crimes committed by other individuals, leading to the conclusion that
none of Israel's actions involve the imposition of criminal-type penalties.
All the actions carried out during war by Isreal and Palestinian are in violation of
international humanitarian law governing the obligations of an occupying force and the laws

of war. The Israeli government has responded to these accusations by stating that, use of
force in the Gaza Strip are acts of self-defense rather than reprisals or punishment. Israeli
human rights groups criticized the Israeli military for failing to properly investigate violations
of the laws of war in Gaza, despite supposedly plenty of evidence of alleged war crimes.

Role of United Nations and the Gaza War

The United Nations Fact Finding Mission on the Gaza Conflict was an investigative team
established by the United Nations Human Rights Council (UNHRC) during the Gaza War "to
investigate all violations of international human rights law and international humanitarian law
by Israel against the Palestinian people." Following objections by individuals asked to head
the mission that the mandate was biased, it was later reinterpreted to include all violations
committed in the context of military operations, whether before, during, or after the war in
Gaza. The mission was established on 3 April 2009, by the President of the UNHRC. Richard
Goldstone of South Africa was appointed to head the mission, accompanied by Christine
Chinkin of the United Kingdom, Hina Jilani of Pakistan and Desmond Travers of Ireland.
The mission's controversial final report was released 15 September 2009, and accused both
Palestinian militants and Israeli Defense Forces of war crimes and possible crimes against
humanity. It recommended that the sides openly investigate their own conduct and, should
they fail to do so, that the allegations to be brought to the International Criminal Court. The
Israeli government rejected the report as prejudiced and full of errors. Islamist Palestinian
militant group Hamas, which controls the Gaza Strip, initially rejected the report's findings,
but then urged world powers to embrace it.
The report received mixed reactions. Critics, including the United States government,
publications The Economist and The Wall Street Journal, NGO UN Watch, international law
expert Irwin Cotler and military figures Richard Kemp and Jim Molan, generally argued that
the report was severely flawed and motivated by anti-Israel bias in the UNHRC. Supporters,
including the Organization of the Islamic Conference, the Arab League, the Non-Aligned
Movement, publication The Financial Times and NGOs Amnesty International and
Human Rights Watch, generally argued that Richard Goldstone was a credible figure and
that its recommendations should be implemented. Some, including many European countries,

took the view that the report was problematic but should nevertheless be taken seriously. Indepth analyses by the Israeli government and some pro-Israel organizations argued that the
report contained numerous identifiable falsehoods, legal errors, methodological flaws and
double standards.
On 16 October 2009, The UNHRC passed a resolution endorsing the report and criticizing
Israel, and on 4 November 2009, the United Nations General Assembly passed a non-binding
resolution calling for independent investigations to be conducted by Israel and Palestinian
armed groups on allegations of war crimes described in the report. Both resolutions received
wide support among members of the Organization of the Islamic Conference and the NonAligned Movement, while many western countries opposed, abstained or declined to vote. On
3 November 2009, the United States House of Representatives passed a resolution declaring
the report "irredeemably biased and unworthy of further consideration or legitimacy".

Conclusion
The international law being prevalent is to be followed. An authority should be given to the
ICJ, UN and other bodies being formed at international level so that the decorum should be
maintained. All the countries should be treated as the same and equal importance should be
given to all. Doing this the human rights at international level can be protected else it will
lead to chaos. The recommendations made by the U.N. in its report should be implemented
by Israel, which is being rejected by it. The other nations like America and the Russia they
too are having a good time with this war. One is supporting Israel and the other Palestine.
Both the nations are getting a good market for their arms and ammunitions. This should be
stopped and the separate body should be made which can keep a check on this and govern all
these disputes. Complete power should be given to it so that none of the nations can make a
mockery of it, as is seen in the case of the U.N. United Nations is totally dependent on U.S.
as its heavily funded by it. Hence it does same as is said by the U.S. these are some nations
which are working as per there wish in International regime, disobeying the laws. This should
not be done. Human Rights of people should not be violated and they should be made to live
as a human being, not as an animal. The present scenario at Gaza is so bad that the animal in
existence is far better than those living there. The countries should come up, specially the
developed nations for the help of those who survived in the war and try to build it up again.

Dr. Ram Manohar Lohiya National Law University,

Uttar Pradesh, Lucknow
Project Report
Subject: Public International Law
Class: B.A.LL.B (Hons.), 3rd year, 6th Semester

Topic: Human Rights and Gaza War

Submitted To: Mr. A.P. Singh

(Lecturer in Law)
Submitted By: Ankit Kumar Singh
Roll No. 21

ACKNOWLEDGEMENT
I would hereby extend a bouquet of thanks to my Public International Law teacher, Lecturer
in law, Mr. A.P. Singh who encouraged me to make a project on such a comprehensive topic.
This was really a tedious job but speaking truth, this truly enlightened my mind and provided
me with great knowledge about the subject.
I would also like to extend my gratitude towards my friends and seniors who supported me
through thick and thin. They were always ready for any kind of help I needed in the hardest
times.
Adding to this I also extend my heartiest thanks to my parents and relatives who wished good
for me throughout and were always a source of inspiration.
Last but not the least I would thank the ALMIGHTY for being so kind and making me that
capable so that I was so efficient at doing my work.
Thanking all.

Bibliography
For compiling my project I have referred the under mentioned sites:

http://www.latimes.com/news/nationworld/world/la-fg-israel-gaza172009oct17,0,4016245.story
http://en.wikipedia.org/wiki/United_Nations_Fact_Finding_Mission_on_the_Gaza_C
onflict
www.guardian.co.uk/world/2009/.../gaza-war-crimes-un-vote
www.earthtimes.org/.../290516,un-human-rights-council-adopts-gaza-war-crimesreport--summary.html
www.humanrights-geneva.info/Gaza-Not-a-war-of-self-defense,4031
www.ngo-monitor.org/.../the_ngo_front_in_the_gaza_war_human_rights_watch
http://www.reuters.com/article/worldNews/idUSTRE5A15GZ20091102?
feedType=RSS&feedName=worldNews
http://www.dailystar.com.lb/article.asp?
edition_id=10&categ_id=2&article_id=107598.