RT journal article
T1 The war in Gaza and the Israeli-Palestinian conflict: A turning point in the midst of an endless cycle of violence
A1 Pons Rafols, Xavier
K1 Gaza war
K1 International Law
K1 Palestinian issue
K1 International terrorism
K1 Self-defence
K1 International Humanitarian Law
K1 Individual criminal responsibility
K1 United Nations
K1 Security Council
K1 General Assembly
K1 Secretary-General
K1 Occupied Palestinian Territories
K1 Human rights
K1 International peace and security
AB The purpose of this essay/editorial - closed on 8 January 2024 - is to formulate asfully as possible, although necessarily provisional, an approach from the perspective of InternationalLaw to the war in Gaza that began a little over three months ago, and more generally to the Israeli-Palestinian conflict that has lasted at least seventy-five years, with the creation of the state of Israel,the first Arab-Israeli war and the Nakba to which the Palestinian people have been condemned. Inother words, this is a brief international legal approach to a moment of crisis and intensification of ahistoric conflict that, in these months, has been a real turning point in the endless cycle of violencethat has plagued the region for decades.To this end, this essay addresses various issues of international legal relevance in relation to thecurrent war in Gaza, such as the conceptualisation of international terrorism; the justification oflegitimate self-defence used by Israel and, in particular, the conditions required by International Lawfor its exercise; as well as the possible commission of serious crimes of international concern - warcrimes, crimes against humanity and genocide -, the applicability of International Humanitarian Lawand the call for individual criminal responsibility in this context.This essay also analyses the response of the international community organized in the United Nationsto the current war in Gaza, highlighting the insufficient action of the Security Council during thesemonths of acute crisis, the majority reaction of the General Assembly calling for a cessation ofhostilities, and the repeated and futile humanitarian appeals made by its Secretary-General.In order to place the current crisis in the perspective of the Palestinian-Israeli conflict, there arealso briefly discussed the historical and political context, in particular the results of the occupationof territories in the Six-Day War of 1967, the consistent position of the General Assembly onthe Palestinian question, the United Nations action on human rights in the Occupied PalestinianTerritories, as well as the Security Council’s action on these Territories and the proposed peaceinitiatives, in particular with regard to the two-State solution.The essay concludes with concluding remarks and an epilogue where, in view of the currenthumanitarian catastrophe and the protracted nature of the conflict, calling for an immediate cessationof hostilities and the release of hostages, and for the current phase of the conflict to become a genuineturning point that can be grasped as an opportunity for peace in the region.
PB Editorial Uca
SN 2341-0868
YR 2024
FD 2024
LK http://hdl.handle.net/10498/32054
UL http://hdl.handle.net/10498/32054
LA eng
DS Repositorio Institucional de la Universidad de Cádiz
RD 09-may-2026