2023-2024 Hostilities and Escalating Violence in the oPt

This publication analyses the regime relied on by Israel to detain Palestinians from Gaza: the Incarceration of Unlawful Combatants Law, 5762-2002; its amendments of 18 December 2023 and 28 July 2024; and official policy vis-à-vis detainees adopted since 7 October 2023.

As the hostilities between Israel and armed groups in Gaza persist and the levels of violence in the West Bank, including East Jerusalem, remain high, this webpage provides regular updates regarding legal aspects of the evolving situation.

This legal brief examines the actions of the parties to the hostilities that broke out in Israel and Gaza on 7 October 2023 with an attack mounted by Hamas forces and a counteroffensive launched by Israel in the period lasting until 8 November 2023.

These notes highlight the IHL principles on the conduct of hostilities as well as the rules on attacks, detention, treatment of the dead, collective punishment, and reprisals.

This account of events is based on available and verified facts at the time of writing. The page reflects developments in the time period from 7 October 2023 until 7 January 2024.

On 29 December 2023, South Africa instituted proceedings against Israel before the ICJ concerning alleged violations by Israel of its obligations pursuant to the Genocide Convention in the Gaza Strip. On 26 January and 28 March 2024, the Court rendered orders for the indication of provisional measures. These publications examine key legal aspects of the proceedings.