Ceasefire in Gaza and Israel: Continuing Legal Obligations

On Sunday 19 January, at 11:15 am local time, a ceasefire entered into effect in Gaza and Israel, bringing to a halt over 15 months of hostilities which have left tens of thousands dead, many more injured, and vast swathes of the Gaza Strip reduced to rubble.  

While international attention is focused on whether the fragile ceasefire will hold, the parties to the conflict as well as third States remain bound to respect crucial obligations under international law. 

For one, the parties must ensure that humanitarian assistance at scale reaches those in need. The over 2,400 aid trucks that were reportedly allowed to enter Gaza between 19 and 21 January are a start, but much more is needed to reverse the ongoing humanitarian catastrophe throughout the Strip, especially in the north, where Israel has imposed a crippling siege from October 2024.  

Those in need of medical treatment must be cared for and, if necessary, evacuated to third countries; this is essential given the destruction of healthcare facilities in much of Gaza. Unsafe conditions preventing the return of the around 1.9 million displaced Gazans to their homes must be remedied. 

Further to Sunday’s release of 90 Palestinian detainees and three Israeli hostages, and additional releases planned for Saturday 25 January, the parties to the conflict must bring all unlawful deprivations of liberty to an end, ensure the humane treatment of those who remain in detention, and allow visits by the International Committee of the Red Cross (ICRC).  

The parties must account for the missing, including the thousands of Palestinians in Gaza feared to be trapped under the rubble. Gravesites must be protected, and the dead treated with dignity.  

The parties must also begin the long process of reconstruction in southern Israel and Gaza. The United Nations (UN) has estimated that just removing the more than 50 million tonnes of debris from the enclave may take up to 21 years; rebuilding destroyed residential homes could take many more decades. Unexploded ordnance presents continuing danger even when the fighting has stopped and must be cleared away. 

Furthermore, and importantly, the parties have obligations concerning reports of serious violations of international law committed throughout the hostilities (see here, here, here, here, and here). International oversight, which is necessary for purposes of documentation as well as collecting and preserving evidence, is crucial in this regard.  

To date, foreign journalists have not been allowed to enter Gaza independently of supervised tours with the Israeli military, while 159 Palestinian journalists and media professionals have been killed between October 2023 and January 2025, according to the Committee to Protect Journalists (CPJ). International media must be granted full and unconditional access to Gaza and Israel alongside international monitoring bodies, including relevant UN agencies and commissions of inquiry.  

Further to fact-finding and documentation, alleged war crimes, crimes against humanity, and genocide must be investigated and the suspects prosecuted in court. This is an obligation not just incumbent upon the State where the conduct in question took place or whose nationals were the alleged perpetrators. Third States too have an elaborate set of duties in this regard, including to arrest and prosecute suspects located within their territory, or to extradite them for prosecution elsewhere. 

Those States that are party to the International Criminal Court (ICC) – including Palestine –must also cooperate with the ICC Prosecutor and his Office in respect of the ongoing investigation into the Situation in the State of Palestine. This entails handing over the three suspects for whom arrest warrants have been issued: Israeli Prime Minister Benjamin Netanyahu, former Israeli Defence Minister Yoav Gallant, and the Commander-in-Chief of Hamas’ military wing, Mohammed Deif.  

Judicial accountability before domestic and international courts is crucial to fight impunity for international crimes and to ensure peace and reconciliation in the long term.  

It is important to note that reported serious violations of international law in Israel and the occupied Palestinian territory (oPt) are not limited to the most recent round of hostilities. For one, Israel has disregarded an Advisory Opinion issued by the International Court of Justice (ICJ) on 19 July 2024 in which the Court determined that its continued presence in the oPt is unlawful and must be brought to an end as rapidly as possible. Instead, Israel has escalated the levels of violence deployed across the oPt.  

Indeed, just as the ceasefire entered into effect, Israeli settlers attacked Palestinian communities in the occupied West Bank, reinforcing longstanding concerns about Israel’s failure to prevent settler violence against Palestinian civilians. Furthermore, on 21 January, the Israeli military launched a large-scale operation in the city of Jenin which included airstrikes, reportedly killing at least 10 Palestinians and injuring almost 40 more. This strongly indicates that Israel impermissibly employs means and methods of warfare in the West Bank, in breach of the more restrictive legal framework applicable there.  

Third States must take all measures reasonably available to them to ensure that all ongoing violations of international law are brought to an end. Failure to do so only stands to further erode respect for the norms and institutions set up after the Second World War, with calamitous implications extending far beyond the Israeli-Palestinian context.  

Photo Credit: Aftermath, Rafah, Gaza Strip, 21 January 2025. Doaa Albaz/ActiveStills Photo Collective. All rights Reserved.