Violation of the Fundamental Principles of International Humanitarian Law and the Ineffectiveness of the Security Council in the Gaza Crisis, with Emphasis on the 12-Day War of 2021

Abstract

The 12-day Gaza war (May 2021) represents a prominent manifestation of the challenges confronting the international legal order in responding to humanitarian crises. Employing a descriptive-analytical approach and drawing on authoritative international sources and reports issued by human rights organizations, this study examines the conflict from two complementary perspectives: first, an analysis of systematic violations of international humanitarian law (IHL); and second, an evaluation of the performance of the institution responsible for the maintenance of international peace and security, namely the United Nations Security Council. The findings indicate that Israeli military operations during this period were accompanied by serious violations of the fundamental principles of distinction, proportionality, and precaution. At the institutional level, the Security Council, owing to the repeated exercise of the veto by the United States, was effectively unable to adopt any decisive measures to establish a ceasefire. In terms of national sovereignty, despite the weakening of formal structures, the conflict contributed to strengthening a unified national identity among Palestinians. The findings underscore the necessity of structural reforms within international institutions, particularly with regard to the veto power.