Reviewing Israel’s crimes in Gaza, with the approach of “natural law” and “international criminal law”

written by Hojat al-Islam, Dr. Fathi, a member of the faculty of jurisprudence and law of IICT.


وَإِذَا تَوَلَّى سَعَى فِی الْأَرْضِ لِیُفْسِدَ فِیهَا وَ یُهْلِکَ الْحَرْثَ وَالنَّسْلَ وَاللَّهُ لَا یُحِبُّ الْفَسَادَ           بقره/205

And when he turns away (from you O Muhammad ), his effort in the land is to make mischief therein and to destroy the crops and the cattle, and Allah likes not mischief


Today, human society is witnessing the crimes of the Zionist regime in Gaza, with tearful eyes and aching hearts. Crimes such as the bombing of hospitals, residential houses, educational centers and the use of prohibited bombs, the killing of women and children and defenseless and innocent civilians, which is an obvious genocide and against all moral and legal rules. Such crimes are considered as clear brutal and heinous crimes in the eyes of all people around the world. It is the nature of the humans that condemns these crimes and no excuse can justify this crime. The clarity of the heinousness is to the extent that it has raised the voices of all conscientious people in all parts of the world. According to the United Nations High Commissioner for Human Rights, Israel is committing genocide in Gaza, and according to the “Save the Children Fund”, Israel has killed as many children in 3 weeks as in 2 years of war. According to the statistics of Gaza health authorities, more than 3000 Palestinian children have been killed so far.

According to Article 8 of the Statute of the International Criminal Court, and according to the Geneva Convention of 1949 and other regulations, actions such as widespread destruction of property, attacks on civilian areas and people and bombing them, attacks on religious and scientific buildings are considered “war crimes”.

The Rome Statute, which is an international treaty to establish the International Criminal Court, defines crime against humanity in Article 7 as follows: “Crime against humanity” means committing any of the following acts as part of an attack against a civilian group that take place in a widespread or organized manner, such as:

  1. a) murder
  2. b) extermination
  3. c) enslavement
  4. d) expulsion or arbitrary transfer of the population
  5. e) imprisonment or other forms of severe deprivation of physical freedom that violates the basic provisions of international law
  6. f) torture
  7. g) Sexual rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, or any other type of sexual violence at the same level
  8. h) Harassment and persecution of a specific group or population, for political, racial, national, ethnic, cultural, religious or racial
  9. i) Enforced disappearance of people
  10. j) Crime of racism
  11. k) Other inhuman acts with similar characteristics that are done with the intention of causing severe pain and suffering or seriously harming the body, or physical or mental health of people.

Israel Has committed war crimes and genocide in Gaza, according to both human nature and the rules and regulations of international criminal law, and Israel’s supporters are accomplice in these crimes and moral scandals.

The silence of international institutions and organizations, the Human Rights Commission, regional organizations such as the Arab League, the Organization of the Islamic Conference, has led to the brutality of the Zionist regime, and it is necessary for all free and right-seeking people to condemn these crimes against humanity and to have the utmost effort in order for Israel to be severely punished.