CIVILIAN PROTECTION UNDER INTERNATIONAL HUMAN RIGHTS LAW: LESSONS FROM THE GAZA GENOCIDE

Abstract

The ongoing conflict in Gaza, characterized by widespread reports of mass civilian casualties, forced displacement, destruction of civilian infrastructure, and allegations of genocidal acts since October 2023, has exposed critical gaps in the application of international law. The situation, often described in UN reports and scholarly analyses as involving plausible risks or acts of genocide, highlights the interplay between international humanitarian law (IHL) and international human rights law (IHRL) in protecting civilians during armed conflicts and occupations. This article examined civilian protection under IHRL, drawing lessons from Gaza by critiquing the limitations of existing legal regimes when states employ force in asymmetric or occupied territories. It argued that IHRL provides essential complementary protections such as the right to life, freedom from torture, and access to necessities that persist alongside IHL. The research employed doctrinal methodology, through analysis of primary sources including ICJ provisional measures in South Africa v. Israel, UN Special Rapporteur reports, and secondary literature on genocide indicators and civilian harm mitigation. The paper advocated for a strengthened integration of IHRL in regulating a nation’s use of force, emphasizing that civilian protection must prioritize absolute prohibitions on genocide, crimes against humanity, and disproportionate harm. Part of the findings of the paper included egregious failures: mass killings exceeding proportionality thresholds, deliberate infliction of life-threatening conditions, and erosion of IHRL norms through selective enforcement and third-state support. Recommendations include urgent enforcement of ICJ orders, enhanced third-state due diligence to prevent complicity, reforms to accountability mechanisms (e.g., ICC investigations), and advocacy for binding guidelines mandating IHRL assessments in military operations. Ultimately, prioritizing civilian protection through IHRL reinforces global norms against atrocity crimes, urging states to prevent rather than merely react to genocidal risks.