The Jus ad Bellum and the War in Gaza

Abstract This article examines some of the main arguments relating to the applicability and relevance of the right of self-defence to the ongoing war in Gaza. It starts by discussing the question whether Israel has the right to invoke self-defence in response to the attack by Hamas of 7 October 2023. Questions examined include the relevance of the Wall advisory opinion of 2004 to the invocation of self-defence, the status of Gaza as occupied territory in October 2007 and the applicability of self-defence to attacks by non-State actors. It then goes on to discuss how the principles of necessity and proportionality in the context of the exercise of self-defence regulate the application of force and whether Israel’s conduct of the war meets those criteria and focuses particular attention on the impact of obstruction of relief supplies on the right of self-defence. This piece was submitted in May 2024 and does not examine or discuss events that have occurred since then.