Is Israel's blockade of Gaza legal under international law ?
- amalsweimeh
- Aug 4
- 3 min read
Whether through social media , news coverage, or everyday conversations , most of us have heard of
Israel's blockade of Gaza over the past few years . But have you ever considered whether this blockade, one of the most documented parts of the conflict , could be illegal under international law ?
This began in the 1990s , when Israel made it increasingly difficult for Palestinians and commercial goods to enter or leave Gaza , which along with the West Bank and East Jerusalem has been under Israeli military occupation since 1967. In 2006 , Palestinians held elections for the Palestinian Legislative Council . Hamas won those elections , defeating the long dominant political party Fatah . Tensions between Hamas and Fatah escalated , and attempts to form a unity government failed. In 2007 , fighting broke out between the two groups . Hamas retained control of Gaza while Fatah retained control of parts of the West Bank through the Palestinian Authority. Since then , Gaza and parts of the West Bank have been governed separately since 2007.
Following Hamas’s control of Gaza , from 2007 onward, Israel imposed a land , air ,and sea blockade on Gaza . They justified this blockade by stating security concerns and the need to prevent Hamas from importing weapons.
The legality of this blockade is divided into two legal viewpoints , with arguments both supporting and challenging its legality under international law.
The legality argument:
Right to self defense: Supporters of the blockade and some legal scholars argue that Israel has an inherent right under Article 51 of the UN Charter to defend itself from armed attacks and rockets fired by non-state armed groups such as Hamas.
Law of Naval Warfare: Supporters argue that ,under the law of naval warfare, blockades are recognized as lawful measures during armed conflict under customary international law , including principles reflected in the San Remo Manual. They argue that blockades may be used to prevent the maritime smuggling of weapons , on the condition that civilians' essential humanitarian needs are met.
The illegality argument :
Collective punishment : Critics , humanitarians , and United Nations bodies argue that restricting goods and movement punishes the entire civilian population for the actions of Hamas , violating Article 33 of the Fourth Geneva Convention .
Humanitarian crisis : Opponents state that the blockade deprives civilians of essentials like food , water, and medicine , which violates international humanitarian law prohibitions against causing mass civilian suffering or starvation.
Status as occupying power : Many legal scholars argue that because Israel maintains effective control over Gaza , it cannot legally impose a blockade against a territory it already occupies under the law of the occupation.
The legality of the Gaza blockade remains a highly debated issue within international law. While Israel and supporters of the blockade argue that it is a necessary security measure to prevent attacks and restrict the movement of weapons, critics argue that its vast impact on Gaza’s civilian population raises serious concerns under international humanitarian law. The restrictions on movement , access to essential goods , and humanitarian conditions have led many legal scholars and international organizations to question whether the blockade aligns with principles of necessity , a reasonable balance between security measures and civilian impact, and the protection of civilians during armed conflict .In conclusion , the debate surrounding the blockade highlights the challenge of balancing national security with the essential obligations of protecting civilian rights and ensuring humanitarian access.
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