THE 11 DAYS GAZA AIRSTRIKES BY ISRAEL: ITS LEGALITY IN VIEW OF THE PROTECTION OF CHILDREN IN HUMANITARIAN LAW

Abstract

Although Humanitarian Law is said to aim at the protection of persons not taking active part in hostilities inclusive of children, the 11 days relentless bombardment of Gaza by Israel is one out of the many incidences of the Israel-Palestine conflict that has called to question the correctness of this assertion as it exposed the vulnerability of children in situations of armed conflict. This is following the number of the death of children recorded during the said offensive. This Article seeks to interrogate the legality of the 11 days Gaza airstrikes in the light of the protection afforded children in Humanitarian Law. The Article adopted doctrinal method of legal reached which entails the use of primary sources, with data largely drawn from the Geneva Conventions 1049 and their Additional Protocols of 1977; the Rome Statute of the International Criminal Court, 1998; and case laws relevant to the Article. The Article finds that children remain one of the major victims of armed conflicts. It is the further finding of this Article that little or nothing is done by parties to the conflict to facilitate the protection of children as parties violate the principles of distinction and proportionality with flagrant abandon. To avert similar situations in future, the Article recommended among other things the adoption of specific laws protecting children in situations of armed conflict; holding individual members of the armed forces of the parties to armed conflicts criminally responsible for any act constituting a violation of the fundamental principles of International Humanitarian Law; and the establishment of neutralized zones by parties to the conflict so as to ensure that children are adequately protected in situations of armed conflicts. This way, children will be better protected.