The Proportionality Debate in Israel's Gaza Conflict: Insights from Legal Experts

Mon Sep 15 2025 13:12:05 GMT+0300 (Eastern European Summer Time)

An in-depth examination of Israel's military actions in Gaza, focusing on international law, proportionality, and the implications of civilian casualties during the ongoing conflict.

In the wake of Israel's military operation in Gaza, which has resulted in significant civilian casualties, experts analyze the principle of proportionality within international law. The article discusses the substantial disagreements regarding the legality of Israel's actions, with many legal scholars questioning whether the country's military response meets the standards of proportionality in light of the destruction and human suffering caused.

Israel's Gaza Campaign: Exploring Proportionality in International Law

Israel's military operation in Gaza has had devastating consequences, resulting in deaths of tens of thousands and widespread destruction. Launched in response to Hamas's attack on October 7, 2023, the conflict has raised serious questions about the principles governing warfare, particularly the concept of proportionality in international law.

Prime Minister Benjamin Netanyahu asserts Israel's right to defend itself, framing the military actions as a just war aimed at neutralizing Hamas and recovering hostages. However, this stance faces increasing scrutiny. Critics, including human rights organizations and some nations, accuse Israel of committing acts tantamount to ethnic cleansing and genocide, allegations that Netanyahu vehemently denies.

Central to the discourse is the principle of proportionality, which dictates that military actions must not inflict harm on civilians that is excessive compared to the military advantage gained. A range of international law scholars consulted by BBC Verify have cast doubt on Israel's compliance with this principle, with many asserting that the scale of civilian casualties undermines claims of proportionality.

Leading legal experts have pointed out that Israel's operations have resulted in unprecedented levels of civilian casualties, with estimates indicating that more than 64,500 individuals, including a significant number of women and children, have died. The repercussions of these actions have prompted discussions about the humanitarian implications of a military strategy that seeks to dismantle an enemy while compromising civilian lives.

Critics underscore that intentional harm to civilians is a breach of international law. Proportionality is generally considered moot in instances of direct civilian targeting. Regardless, even incidental civilian harm during military operations necessitates a critical examination of military necessity and proportionality.

As the Israeli campaign continues, the assessment of its legality remains a contentious issue within the international community. The ICJ and other legal bodies may eventually render judgments on the conduct of the conflict, influencing the future of international law in warfare.