Overkill: A Critical Appraisal of the Use of Force by Israel in the West Bank

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, the Diakonia IHL Centre provides regular updates regarding legal aspects of the evolving situation.

A full list of legal updates is available here. All materials relevant to the hostilities and rampant violence in the occupied Palestinian territory (oPt) are available on this page. 

Since Israel launched its military campaign in the Gaza Strip following the Hamas-led attacks on 7 October 2023, Israeli forces have intensified their use of force against Palestinians in the occupied West Bank. Between 7 October 2023 and 26 December 2024, 786 Palestinians were killed in the West Bank, including East Jerusalem, marking this as the deadliest period in the West Bank since the United Nations (UN) began tracking casualties in 2005. 

This legal update provides an assessment of the legal framework governing Israel’s use of force in the West Bank, raising serious concerns about excessive use of force. While Israel appears to be applying the more permissive rules on the conduct of hostilities to its use of force in the West Bank, the publication argues that Israel as the occupying power in effective control of territory in the West Bank is bound by the more restrictive rules regulating use of force in law enforcement, emanating from international human rights law (IHRL).   

Cover photo: Funeral, Jenin, West Bank, 6 September 2024. Wahaj Bani Moufleh/ACtiveStills Photo Collective. All Rights Reserved.