The International Law of Siege and Starvation: The Case of Gaza After October 7, 2023

Authors

R. Field

First Page

161

Document Type

Article

Abstract

This article will assess the legality of Israel’s current siege of Gaza under international humanitarian law (IHL) and domestic Israeli law. Since October 7, 2023, Israel has implemented a strict siege of Gaza, severely restricting the entry of food, water, fuel, and other humanitarian goods. The civilian population of Gaza now faces ongoing starvation. While sieges are not categorically banned in IHL, under customary IHL a besieging party may not refuse consent to the entry of sufficient humanitarian aid into the besieged area unless it has a valid, non-arbitrary reason to do so. The Israeli High Court of Justice has upheld this customary norm as applicable to the Israeli government. This article will argue that the Israeli government has no valid, non-arbitrary reason to prohibit the passage of sufficient humanitarian aid into Gaza. The article concludes that Israel has thus far failed to meet its legal obligation under IHL because the small amount of aid it is allowing to enter Gaza is insufficient to prevent the mass starvation of Gazan civilians.

Recommended Citation

R. Field, The International Law of Siege and Starvation: The Case of Gaza After October 7, 2023, 30 Buff. Hum. Rts. L. Rev. 161 (2024).
Available at: https://digitalcommons.law.buffalo.edu/bhrlr/vol30/iss1/3