In the searing silence after an airstrike, amid the dust and cries, lies a question that haunts the rubble: Can there be justice in war? And if so, who is held accountable when justice seems absent?
Nowhere is this question more visceral than in Gaza, where the long-standing Israeli-Palestinian conflict has entered yet another blood-soaked chapter. With images of bombed-out hospitals, collapsed schools, and children buried under concrete flashing across our screens, a legal—and moral—reckoning looms. Across the world, diplomats, lawyers, and human rights observers are asking: Should Israel be charged with war crimes for its actions in Gaza?
The term war crime is not rhetorical. It has a legal definition under the Geneva Conventions and international humanitarian law. It denotes violations of the rules that govern the conduct of armed conflict: targeting civilians, using disproportionate force, destroying civilian infrastructure without military necessity, and obstructing humanitarian aid. These are not accusations to be made lightly. But they are not new either.
In recent months, Israel has faced intensifying scrutiny for what many call a campaign of disproportionate retribution. Entire neighborhoods in Gaza—one of the most densely populated regions in the world—have been reduced to ash and twisted steel. The stated target is Hamas, the militant group responsible for deadly attacks on Israeli civilians. Yet the overwhelming force unleashed upon Gaza’s 2.3 million inhabitants, more than half of whom are children, raises a grim question: At what point does self-defense become indiscriminate violence?
International law demands distinction between combatants and civilians. But in Gaza, where militants may fire from rooftops above families, or move through tunnels beneath playgrounds, that distinction becomes tragically blurred. Israel argues that Hamas uses civilians as human shields—a tactic the group has been credibly accused of. Yet legal scholars argue that this does not absolve an attacking army of its obligations. If a target is surrounded by civilians, the laws of war still apply.
In one particularly chilling incident, a refugee camp was bombed in pursuit of a single Hamas commander. The strike flattened buildings and killed dozens, including children. Israeli officials said it was a necessary operation. Critics, including human rights organizations, called it a textbook example of disproportionate force.
The concept of collective punishment—punishing an entire population for the actions of a few—is also at the heart of the case. Israel’s blockade of Gaza has long been a subject of international criticism, but in the latest war, the siege has tightened. Electricity, water, medical supplies, and food are restricted. Aid trucks wait for days or are turned away. UN officials describe Gaza as “hell on earth.” One called it “a graveyard for children.”
These aren’t just the laments of war-weary observers. The International Criminal Court has opened investigations into alleged war crimes by both Israel and Palestinian armed groups. The process is slow, often toothless. But the fact of the investigation matters. It signals that the machinery of justice, however creaky, is engaged.
To some, accusations against Israel amount to political theater, ignoring the atrocities committed by Hamas—suicide bombings, indiscriminate rockets, and hostage-taking. But others argue that accountability must be universal. Justice is not a ledger balanced by who suffered first or most. It is a principle applied without regard to who you are, or which side you fight for.
And so, the question remains: Should Israel be charged with war crimes for its actions in Gaza? The answer may not lie solely in the legal chambers of The Hague, but in our collective willingness to insist that war—even war—has limits.
Because if justice does not reach the rubble of Gaza, where will it reach at all?
References
Amnesty International. Israel/OPT: Unlawful Israeli Attacks Kill Civilians in Their Homes. October 20, 2023. https://www.amnesty.org/en/latest/news/2023/10/israel-opt-unlawful-israeli-attacks-kill-civilians-in-their-homes/
Associated Press. “UN Says 100 Children Are Killed or Injured in Gaza Every Day Since War Resumed.” AP News, April 5, 2025. https://apnews.com/article/un-gaza-children-war-deaths-cc3c58ea21de6a982f20cb82b6e5a2b0
The Guardian. “Israel-Gaza Conflict: IDF Bombing Kills Dozens in Jabalia Refugee Camp.” The Guardian, October 31, 2023. https://www.theguardian.com/world/2023/oct/31/israel-bombing-gaza-jabalia-refugee-camp
Human Rights Watch. Gaza: Israel’s Warnings Do Not Make Strikes Lawful. October 12, 2023. https://www.hrw.org/news/2023/10/12/gaza-israels-warnings-do-not-make-strikes-lawful
International Criminal Court. Situation in the State of Palestine. Accessed April 30, 2025. https://www.icc-cpi.int/palestine
Office for the Coordination of Humanitarian Affairs (OCHA). Occupied Palestinian Territory: Humanitarian Needs Overview 2024. United Nations. https://reliefweb.int
United Nations. “Gaza Has Become a ‘Graveyard for Children,’ Says UN Chief.” Al Jazeera, November 6, 2023.