Gaza and the Breakdown of International Law

The Foreign Affairs Interview

There’s no question that Hamas violated international law when it attacked Israel on October 7, and as it continues to hold hostages in Gaza. But more than seven months into Israel’s response, the issue of whether Israel is violating international law—or even committing war crimes—is coming to a head. Washington is debating holding up deliveries of weapons to Israel. And the International Criminal Court is rumored to be preparing a case against leaders of both Hamas and the Israeli government.

What’s happening in Gaza may seem unprecedented. But as the legal scholar Oona Hathaway writes in Foreign Affairs, “The conflict in Gaza is an extreme example of the breakdown of the law of war, but it is not an isolated one.” Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale University School of Law and a nonresident scholar at the Carnegie Endowment for International Peace. In 2014–15, she took leave to serve as special counsel to the general counsel at the U.S. Department of Defense.

Foreign Affairs Deputy Editor Kate Brannen spoke with her on May 13 about the causes of that breakdown—and what, if anything, can be done to salvage the rules meant to protect civilians in wartime.

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