L'applicazione del principio di precauzione nel conflitto a Gaza

In the aftermath of the October 7, 2023, attacks by Hamas and other Palestinian armed groups, the Israel Defence Forces (IDF) launched “Swords of Iron”, a major military operation in the Gaza Strip, entailing extensive aerial bombings and a ground invasion. The paper examines the application of the principle of precaution in the context of this conflict, focusing on the obligations under Articles 57 and 58 of the First Additional Protocol to the Geneva Conventions. These articles, reflecting general international law norms applicable in both international and non-international armed conflicts, mandate belligerents to adopt feasible measures to spare civilians and civilian objects to the greatest extent possible. The staggering scale of destruction and civilian casualties in the Gaza Strip raises critical questions about the observance of these rules and the potential inference of genocidal intent by the Israeli military officials and political authorities.