Before the establishment of modern Israel, there was an ancient state of Israel founded by Shaul around 1025 BC. Jewish people had a persistent aspiration to inhabit Palestine, leading to initiatives like the Balfour Agreement in England. The Muslim community advocated for the abolition of the Balfour promise, a halt to Jewish immigration, and the establishment of a Palestinian national government. The decline of the Muslim presence in Palestine contrasts with the Jews’ triumph in establishing Israel. Muslims embraced the concept of nation-state politics, leading to fragmentation and threats to their homeland. Palestinian Muslims, including Fatah, Hamas, and the PLO, seek liberation from Jewish-Israeli colonialism.
Arab nations, including Jordan, Egypt, Saudi Arabia, and Syria, have been working to free Palestine from Israeli occupation since 1948. Egypt has closed off its Mediterranean shore and requested the removal of United Nations border inspectors. Israel has used airstrikes on Arab nations, allowing them to launch offensive operations. The Israeli-Palestinian conflict began in 1948 with the founding of Israel, leading to widespread displacement of Palestinians. The Palestinian Intifada in 1987 established Hamas, which resisted peace agreements and executed violent assaults against Israelis. The Israeli withdrawal from Gaza in 2005 and the Palestinian Legislative Election in 2006 led to Hamas securing a majority of seats. The Palestinians have demonstrated against Israel’s closure of the Gaza border in 2018, resulting in the deaths of over 170 Palestinians. The Israeli-Palestinian conflict, involving Israeli police clashing with Palestinian demonstrators, resulted in 20,000 Palestinians dying between October 7 and December 16, 2023. The conflict, originating from historical grievances, geographical disagreements, and divergent national ambitions, has claimed 38,345 Palestinian lives and injured 88,295 Israelis.
The ongoing conflict necessitates the presence of International Humanitarian Law (IHL) to protect victims, particularly those affected by the siege of Gaza. IHL encompasses war law and human rights, including Hague Law and Geneva Law. It is applicable in armed conflicts, restraining parties from engaging in excessive and arbitrary actions. Despite ongoing intermittent violence and humanitarian concerns, efforts for enduring peace have been unsuccessful. Israel’s embargo on Gaza since July 2007 aims to protect Israel’s security and undermine Hamas’ influence. The presence of Hamas poses a significant threat to Israel, necessitating the dismantling and eradication of the Hamas resistance movement. The blockade is governed by International Humanitarian Law (IHL), which distinguishes between combatants and civilians during armed conflicts.
Various peace initiatives have attempted to achieve peace in Palestine, but the process has been hindered by internal divisions, the partition of Jerusalem, and the failure to resolve settlement problems. The US-led Abraham Accords in 2020 restored ties between Israel and Arab governments, but the Palestinians rejected them due to their advocacy for normalization without addressing fundamental issues and the Palestinians’ right to self-determination. The Israeli blockade is a unilateral and capricious measure that has been criticized for its potential to undermine international humanitarian law. The Hamas-Israel military confrontation is not only a geographical fight but also a complex debate about law, identity, and legitimacy.
From a legal anthropological standpoint, it elucidates the interaction between formal legal frameworks, customary practices, and the lived realities of impacted communities. Although international law offers a framework for resolving the dispute, its efficacy is constrained by a lack of agreement and the impact of political interests. To achieve settlement, it is imperative to embrace a comprehensive strategy that takes into account the cultural, historical, and legal aspects of the dispute, promoting discussion and mutual understanding as necessary conditions for enduring peace.
Author: Sri Endah Kinasih, S.Sos, M.Si
Sources: Romadhona, Mochamad Kevin, et al. “Palestine Under Attack: Humanitarian Principles in Case of Armed Conflict.” Journal of Law and Legal Reform 6.2 (2025): 193-258.
