Human Rights Violation In Israel - Palestine Conflict - A Comprehensive Review
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Category: Constitutional & Human Rights
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HUMAN RIGHTS VIOLATION IN ISRAEL - PALESTINE
CONFLICT: A COMPREHENSIVE REVIEW
Isha Chugh & Noor Sarpal, Vivekananda Institute of Professional Studies "To deny people their human rights is to challenge their very humanity." - Nelson Mandela
ABSTRACT
The conflict between Israel and Palestine is one of the oldest and bitter territorial conflicts in the recent history of human existence and conflicts, and it has contributed to gross human rights abuses to both sides. This research paper explores the complex legal and humanitarian aspects of these violations with reference to some of the legal provisions governing the conduct of war, the relevant United Nations resolutions and human rights instruments. It gives a clear account of the violations that include Israeli forces and Palestinian actors namely in aspects such as life, security, and an equal treatment, freedom of movement and access to basic elements of life. It also identifies the effects of the conflict on special population groups including children, women and minority people in both Israel and Palestine.
In this respect, the paper aims at offering an analysis of the current status of the human rights abuse and how the problem could be addressed framed into the perspective of future accountability and reconciliation processes. Keywords: Israel, Palestine, Human Rights Violation
Introduction: The conflict between Israel and Palestine is deeply set in controversies of history, politics, and religions and has lately translated into a brewing humanitarian crisis with gross human rights violations. The scale of this includes forced eviction of Palestinian families, enlargements of Israeli settlements, and serious limitations on the movement of people, and on the other side, Hamas indiscriminately launching rockets against Israeli civilians. Both sides have continuously violated international human rights and humanitarian law in a manner that has escalated the situation. The international legal system does exist with major treaties such as the Geneva Conventions, the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). They are put in place to uphold civilians in times of war.
And yet, all this stands for nothing- violence remains unabated, and though fuelled by the military operations and the Gaza stranglehold, the latter has also seriously eroded these defensive apparatuses. Other International efforts at reconciliation and peace, backed by super-powers and international organizations, have been unsuccessful once again, leaving civilians on both sides stuck in a vicious cycle of violence, insecurity, and deprivation. Basic rights to life, freedom of movement, and adequate living conditions are invariably breached. Beyond the legal and humanitarian implications, this conflict has created deep social and psychological scars as generations grew up in fear, trauma, and instability. The international community, especially the United Nations, continues to be an essential actor in this fight.
Such entrenched positions of Israeli and Palestinian authorities heighten political complexities, and meaningful progress toward peace is rendered inconceivable under these circumstances. To that end, this paper conducts a critical examination of these dynamics and considers them more profoundly in their general implications on human rights and regional stability. International Legal Framework Human Rights The international legal framework concerning human rights in the Israel-Palestine conflict is based on several fundamental principles of international law, human rights law, and humanitarian law. These frameworks govern the actions of both Israel and Palestinian actors during armed conflict and peacetime, ensuring protection for civilians and upholding the basic human rights of all individuals involved in the conflict.
1. International Humanitarian Law (IHL)
The primary body of law applicable to the Israel-Palestine conflict is International Humanitarian Law, particularly the Fourth Geneva Conventions (1949) which relates to the protection of civilians in times of war and occupation. Israel’s settlement expansion in the West Bank and East Jerusalem has been considered a violation of Article 49 of the fourth Geneva Convention which prohibits the occupying power from and transferring its civilian population into occupied territories.1 Also, the terrorist organisation namely the Hamas have also violated IHL by launching rockets at Israeli citizens.
2. United Nations Resolutions
The United Nations has passed numerous resolutions addressing the Israel-Palestine conflict and condemning human rights violations by both parties. The UN Security Council Resolution
242 (1967) calls for the withdrawal of Israeli armed forces from territories occupied during the
Six-Day War and the recognition of every state's right to live in peace within secure and recognized boundaries.2 Additionally, UN General Assembly Resolution 194 (1948) focuses on the rights of Palestinian refugees, calling for their return to their homes and the compensation of those who choose not to return.3
3. Human Rights Council Reports
The United Nations Human Rights Council (UNHRC) has consistently reported on the human rights situation in the Israel-Palestine conflict, highlighting violations by both sides. The Goldstone Report was a United Nations fact finding mission established in 2009 and led by South African jurist Richard Goldstone to investigate violations of international laws during the Israel-Palestine conflict. The report accused both Israel Defence Forces (IDF) and Palestine militants of committing war crimes and called for independent investigations by both sides. Specifically, the report alleged that IDF had conducted disproportionate and indiscriminate attacks that resulted in civilian casualties and in parallel it accused Palestinian militants of
1 https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-49#
2 United Nations Security Council, Resolution 242(1967), S/RES/242 (22 November 1967)
3 United Nations General Assembly, Resolution 194(III) Palestine-Progress Report of the United Nations Mediator, A/RES/194 (11 December 1948)
targeting Israeli civilians with rocket fire.4 Israel rejected the report, citing bias and errors while Hamas initially opposed some findings but later supported it. Goldstone clarified that the mission’s decision was not conclusive, rather it sets a base for further investigation.
4. International Human Rights Law
Both Israel and Palestine are bound by key international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These treaties ensure the protection of fundamental rights, including the right to life, the right to security, and the right to an adequate standard of living. According to Article 6 of the ICCPR, every individual has the inherent right to life, which must be protected by law. Both Israeli military actions and Palestinian armed groups have caused civilian deaths in violation of this right. The ICESCR guarantees the right to an adequate standard of living, including adequate housing. Israeli demolitions of Palestinian homes in the West Bank and Gaza Strip, as well as the forced displacement of Palestinians, are considered violations of this right.
Similarly, the continued blockade of Gaza restricts access to essential services, infringing upon the right to health and an adequate standard of living. Human Rights Violations in Israel The Israel-Palestine conflict has its roots in the late 19th and early 20th centuries, when both Jews and Arabs claimed the same land in Palestine. Tensions escalated after the UN's 1947 Partition Plan, which proposed dividing the land into separate Jewish and Arab states. The 1948 Arab-Israeli War, following Israel's declaration of independence, resulted in the displacement of hundreds of thousands of Palestinians. Since then, the region has witnessed multiple wars, uprisings (intifadas), and a continued Israeli occupation of Palestinian territories, including Gaza and the West Bank.
The conflict reached a new peak on October 7, 2023, when Hamas, the militant group governing Gaza, launched a large-scale attack on Israeli cities, marking one of the most
4 United Nations Human Rights Council, Report of UN Fact Finding Mission on the Gaza Conflict,
A/HRC/12/48 (25 September 2009)
significant escalations in recent years. The attack sparked intense Israeli retaliatory strikes on Gaza, worsening the already fragile situation. This event has drawn renewed international attention to the longstanding humanitarian issues in the region. The result of the 7 October 2023 escalation saw severe human rights violations committed by both sides, with Israeli airstrikes causing widespread civilian casualties in Gaza and Hamas attacks targeting Israeli civilians. Both parties have been accused of breaching international humanitarian laws, further deepening the humanitarian crisis in the region.
1. Right To Life and Security
The right to life, a fundamental human right, is enshrined in both the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Israeli citizens had to face the violation of these rights due to rocket attacks, suicide bombings, and other forms of violence from militant groups like Hamas. According to a report by the Israel Ministry of Foreign Affairs, since 2001, more than 4,500 rockets have been fired into Israel, leading to significant loss of life and injury among civilians. In the 2014 Gaza conflict alone, 67 Israeli soldiers and six civilians were killed as a result of the conflict, with hundreds more wounded. 5 In addition to direct casualties, the constant threat of rocket fire has had a profound psychological impact on Israeli citizens, particularly those living near the Gaza Strip.
Many communities within rocket range must endure frequent alarms and seek shelter within seconds, causing widespread trauma. Additionally, Anat Schwartz, a prominent researcher and expert in the field of human rights. He researched extensively on the effect of the war on civilians in Israel. Schwartz’s research shows that nearly 30% of Israeli civilians living near Gaza suffer from post-traumatic stress disorder, a direct result of the constant threat of rocket fire and alarms. 6
2. Right To Equality and Freedom from Discrimination
Within Israel itself, certain groups of citizens, particularly Arab Israelis, Jews, and other minority communities, have faced discrimination and violations of their right to equality, as
5 “Israel Ministry of Foreign Affairs: Rocket Fire from Gaza and Palestinian Terror.” Retrieved from
www.mfa.gov.il. 6 “The Psychological Impact of War on Israeli Civilians: PTSD in Conflict Zones.” Journal of Mental Health Studies, Vol 9, No. 2, 2017
protected by Article 26 of the ICCPR7. While Arab Israelis are citizens of Israel and not residents of the Palestinian territories, they face systemic discrimination within Israel itself. Although Israel is considered a democratic state, Arab citizens of Israel, who make up around 20% of the population, often face unequal treatment in access to education, employment, and political representation. The "Nation-State Law" passed in 2018, which defines Israel as the nation-state of the Jewish people, has been criticised for marginalising non-Jewish communities within Israel and institutionalising discrimination against Arab citizens. According to Adalah, a legal centre advocating for Arab minority rights, more than 65 laws in Israel directly or indirectly discriminate against Palestinian citizens.
These laws impact various aspects of life, including access to land, housing, citizenship, and political participation, which not only violates Israel's own Basic Laws that promise equality but also contravenes international legal standards. Dr. Nimer Sultany, a notable legal scholar, highlighted that legal framework in Israel often marginalises Arab citizens through discriminatory policies, particularly in areas such as land allocation and political representation. 8
3. Right To Freedom of Movement
Freedom of movement, as protected under Article 12 of the ICCPR9, has also been violated for Israeli citizens in conflict zones, particularly those living near Gaza and in the West Bank. While Israeli settlers in the West Bank have faced restrictions on movement due to security concerns, such as checkpoints and barriers, the right to freedom of movement for Arab Israeli citizens in occupied territories is also severely limited. Arab Israeli citizens attempting to visit family members in the West Bank or Gaza often face significant bureaucratic hurdles and long waiting times for permits. In some instances, the Israeli government has restricted movement in response to security threats, leading to "lockdown" situations for entire communities.
For example, during the Gaza conflict, several towns in southern Israel were subjected to prolonged restrictions, preventing citizens from travelling freely, going to work, or accessing basic services without risking their 7 Article 26 of ICCPR provides: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex language, religion, political and other opinion, national or social origin, property, birth or other status
8 “The Status of Arab Citizens in Israel: A Legal Perspective.” Israel Law Review, Vol 48, No. 3, 2015 9 Article 12 of ICCPR provides: Everyone lawfully within that territory, have the right to liberty of movement and freedom to choose his residence
lives due to rocket attacks. These restrictions, while intended for protection, nonetheless infringe on the basic rights of Israeli civilians.
4. Right to Adequate Living Conditions
The right to adequate living conditions, enshrined in international human rights law, has also been a concern for certain populations within Israel, particularly in Bedouin communities. Bedouin citizens, who primarily reside in unrecognised villages in the Negev desert, often live in precarious conditions without access to basic infrastructure like electricity, water, and healthcare. These villages are frequently subjected to demolition orders due to their unrecognised status, leaving thousands of Bedouin families without stable homes. A 2019 report by the Association for Civil Rights in Israel (ACRI) noted that approximately
90,000 Bedouins live in unrecognised villages that the government refuses to provide with essential services. 10 This lack of basic infrastructure and the threat of displacement violate the right to an adequate standard of living, as articulated in the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Israel is a party. Human Rights Violation in Palestine Palestine, especially in the West Bank, Gaza Strip and East Jerusalem, Human rights violations have long been a complicated story on both sides of the conflict; Israeli authorities as well as Palestinian forces are accused abuses. These violations are rooted in the ongoing Israeli occupation, the blockade on Gaza, actions of Palestinian authorities and armed groups.
These abuses have spilled over to other aspects of civilian life, such as movement restrictions, freedom of expression violations, arbitrary detention and violence against civilians.
1. Israeli Occupation and Military Actions Settlements and Land Confiscation: 11
The expansion of Israeli settlements in the West Bank and East Jerusalem by the Israeli government is a grievous human rights violation. These are settlements that breach international law, displace Palestinian families and take over the land. With this expansion the
10 “Bedouins in the Negev: Living in Unrecognized Villages.” Retrieved from www.acri.org.il.
11 Amnesty International. (n.d.). Human rights in Palestine (State of).
https://www.amnesty.org/en/location/middle-east-and-north-africa/middle-east/palestine-state-of/reportpalestine-state-of/
right of Palestinians to live in their homes and access their land will continue to be undermined leading to a further deepening of tensions between the communities. - Demolitions of Homes: The Israeli occupiers frequently knock down Palestinian homes and infrastructure in the occupied territories. Almost all of these demolitions are conducted under the guise that Palestinians face great hurdles in obtaining building permits. However, the practice has pushed families out of their home and serves to worsen an already impossible humanitarian situation in the area. - Restrictions on Movement: Israel’s extensive network of checkpoints, roadblocks, and the separation barrier significantly limits the movement of Palestinians, especially in the West Bank and East Jerusalem.
As a result, Palestinians frequently find themselves cut off from vital services like healthcare and education, and they struggle to travel between cities or reach their agricultural lands. This situation disrupts the social and economic fabric of Palestinian life, exacerbating poverty and social dislocation. - Excessive Use of Force and Military Operations: 12Israeli military actions in the West Bank and Gaza often lead to civilian casualties. Airstrikes, house raids, and other military operations have resulted in numerous deaths and injuries among civilians, including children. The excessive use of force during protests, such as the Great March of Return in Gaza, where Israeli forces deployed live ammunition against mostly unarmed demonstrators, has faced widespread criticism.
2. Gaza Blockade and Humanitarian Crisis
Blockade and Economic Impact: Since 2007, Israel, with the cooperation of Egypt, has enforced a blockade on Gaza that includes restrictions on land, air, and sea access. This blockade limits the import of goods, particularly essential items such as food, medicine, and fuel, leading to a dire humanitarian situation. The economy of Gaza has suffered significantly due to the blockade, resulting in high unemployment rates, widespread poverty, and inadequate infrastructure. 12 Children, D. F. (2021, December 13). HRC 48 – Human Rights situation in Palestine and other occupied Arab territories. Defence for Children. https://defenceforchildren.org/hrc-48-human-rights-situation-in-palestine-andother-occupied-arab-territories/
Healthcare Crisis: The blockade has severely weakened Gaza’s healthcare system. Hospitals frequently experience shortages of medical supplies, and patients in need of specialized care often face long waits for permits to travel to the West Bank or other countries, which are often delayed or denied. Consequently, individuals with serious health conditions may die due to the lack of prompt medical attention. - Military Operations and Civilian Casualties: Periodic escalations in violence between Israel and Palestinian armed groups have led to significant civilian casualties in Gaza. Israeli airstrikes aimed at militant targets often result in damage to civilian infrastructure, including homes, schools, and hospitals. Tragically, many civilians, including children, are killed or injured, and entire families are forced to flee their homes.
These military actions have inflicted long-lasting psychological trauma and a persistent sense of insecurity on the people of Gaza. 3. Women in Palestine encounter systemic discrimination in both their personal and public lives. The Palestinian personal status law, which is shaped by religious principles, denies women equal rights regarding marriage, divorce, and inheritance. 13 Domestic violence is prevalent, and many women are afraid to seek help due to the fear of retaliation. Recent statistics from 2023 indicate an increase in gender-based violence, exacerbated by the ongoing conflict and deprivation. 14 While there are organizations that advocate for women's rights, the legal and social frameworks provide limited protection for victims.
In some instances, women are sent back to abusive family situations, as illustrated by the case of Wissam and Fatimah al-Tawil, who were arrested and then returned to their abusive father in Gaza.
4. Rights of Children and Child Labor and Exploitation: The difficult economic situation in
Gaza and the West Bank has led many children to engage in child labor, often under dangerous conditions. The ongoing blockade and occupation have also limited children's access to education and recreational activities, which has a detrimental effect on their physical and mental health. The human rights situation in Palestine is intricate, with violations arising from both the Israeli occupation and the actions of Palestinian authorities and armed groups. For many Palestinians,
13 Escalating violence and human rights violations in the West Bank | NRC. (2024, August 22). NRC.
https://www.nrc.no/news/2024/july/escalating-violence-and-human-rights-violations-in-the-west-bank/
14 Israeli-Palestinian Conflict | Global Conflict Tracker. (n.d.). Global Conflict Tracker.
https://www.cfr.org/global-conflict-tracker/conflict/israeli-palestinian-conflict
daily life involves displacement, violence, movement restrictions, arbitrary detention, and a lack of basic freedoms. Achieving a lasting resolution to these violations necessitates tackling both the occupation and the governance issues within Palestinian society, while also ensuring that international humanitarian law is respected by all parties involved. Role of International Actors in the Israel-Palestine Conflict The Israeli-Palestine conflict has amassed much attention from international actors, including the United Nations, major world powers, regional organizations, and humanitarian groups. The actors contribute toward varied roles in shaping the conflict and tackling human rights violations emanating from the conflict. Their motives for involvement usually draw from geopolitical interests, humanitarian concerns, and commitments to international law.
1. United Nations: United Nations, which has been intricately entangled in the Israeli-
Palestinian issue, formed to create agencies such as the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)15, responsible for taking care of the refugees from the Palestinians. But, in parallel, it is largely thwarted by the veto power of the Security Council wielded by the likes of the U.S. and Russia, mainly the former, which often uses this power to veto resolutions against its ally Israel.
2. United States: The U.S. has been the strongest foreign supporter of Israel. It has provided
Israel with the maximum amount of military and financial aid. An enabler of peace talks like Camp David and Oslo Accords, its pro-Israel bias has made it unbelievable as a neutral peace facilitator. The policies of the U.S. have also worsened the situation-by declaring Jerusalem the capital of Israel in 2017.
3. European Union: This is one of the pro- two-state solution and a donor to institutions in
Palestine. The EU has, on various occasions, condemned Israeli settlement expansion in the West Bank. However, its influence on the ground is limited due to the absence of a clear foreign policy and reliance on diplomatic channels rather than military or economic pressure. Moreover, internal divisions within the EU member states regarding the approach towards Israel and Palestine further complicate its role.
15 "The United Nations and the Israel-Palestine Conflict," UN Reports, 2022.
4. Arab States: Arab states have always been those of Palestinian self-determination and
against the occupation policies of Israel. However, recent normalization of relationships between some Arab states and Israel through agreements such as the Abraham Accords has generally rendered the Arab world rather weak bargaining power to portray the rights of Palestine.
5. Humanitarian Organizations: Many international NGOs and human rights organizations
have reported and strongly condemned against human rights violations in the Israel- Palestine conflict, including Amnesty International and Human Rights Watch16. These organizations are essential to getting balanced reports about violation cases involving Israeli forces and Palestinian militant groups. Many of them demand international accountability for these crimes, encouraging investigation by the ICC on such alleged war crimes. Unfortunately, much political interference with weak and no mechanism of enforcement hampers the efforts, as most of the international actors shy from demanding responsibility measures that could flare up the situation or isolate strategic geopolitical partners.
6. International Criminal Court (ICC): The ICC opened an investigation in the Palestinian
territories alleged war crimes in 2021. However, Israel, being not an ICC member, denies the court's jurisdiction claiming Palestine is not a state. Political force by countries like the U.S. also added obstacles to achieve justice in the hands of the ICC. Concerns about addressing human rights violation The conflict of Israel and Palestine involves a very complex circumstance of human rights violations, where both Israelis and Palestinians have suffered at the hands of each other. These challenges are deeply embedded politically, legally, and logistically; therefore, it is hard for the international community to find its solution.
1. Political Complexity: The conflict is influenced by regional and global geopolitical
dynamics, with countries like the U.S. providing military and diplomatic support to Israel, limiting international efforts to address violations. Groups like Hamas, backed by Iran, also contribute to violations, complicating accountability. International efforts are often seen as
16 "Human Rights Watch Reports on Israel and Palestine," Human Rights Watch, 2020.
politically motivated. The UN is often blocked by vetoes from powerful nations refusing to let unified action happen.
2. Impunity and Lack of Accountability: So far, both the Israeli forces and Palestinian militant
groups have been accused of taints in human rights, though accountability remains a limiting factor.
3. Weak Enforcement of International Law: Mechanisms like the ICC struggle to enforce
international law, as Israel does not recognize its jurisdiction. Inconsistent application of sanctions and pressure further weaken accountability efforts.
4. Occupation of the West Bank and Expansion of Settlements: The systemic occupation of
the West Bank by Israel and the blockade of Gaza are creating human rights violations. that can hardly be challenged in legal terms17.
5. Divided Palestinian leadership: the internal political division between the Palestinian
Authority and Hamas is weakening the efforts to address human rights.
6. Humanitarian Crisis: Blockades and military operations exacerbate the humanitarian crisis,
particularly in Gaza. Restricted access to aid complicates relief efforts and deepens the suffering of civilians.
7. Apprehension about its escalation: Fears of violence escalating further and retaliation
prevent the international forces from taking decisive measures to impinge upon such violations. Conclusion The Israel-Palestine conflict is one of the most complicated and fundamentally rooted matters in the context of international human rights system. Even though international legal instruments and norms governing the conduct of armed conflict seek to safeguard human lives, the community in both Israel and Palestine keeps on suffering despite existing protections. The increase in the scale of the systematic Israeli practice of constructing settlements on occupied Palestinian territories, the forcible eviction of Palestinians from their homes, and the rampant
17 "Israeli Settlement Expansion in the West Bank," Human Rights Watch, 2021.
violation of bare necessity by the Hamas militants show that there is the need to draw renewed attention to the enforcement of the rules of international humanitarian law and human rights. Especially the less privileged in society such as women, children and the cultural and ethnic minorities will be the most affected by the violence and discrimination that is rife in the region. It is therefore difficult to come up with a solution that will address the problem in one go, though respecting of human rights and apprehension of the perpetrators are vital tools to resolving the issue and bringing positive change. The international community must endeavour to pursue dialogue and enforce tolerability demands for human rights violation understanding that respect for human rights is the foundation of resolving this protracted conflict.