The Principle of Proportionality is a cornerstone of International Humanitarian Law (IHL), regulating the use of force and weapons in armed conflicts. Codified in the Geneva Conventions (1949) and their Additional Protocols (1977), this principle has two primary dimensions: Jus ad Bellum, which addresses the overall proportionality of using force in legitimate self-defense, and Jus in Bello, which focuses on the proportionality of specific military actions. According to this principle, the force employed must be proportionate to the threat faced, and collateral damage to civilians or civilian infrastructure must not exceed what is necessary to achieve a military advantage.
In the Gaza conflict from October 2023 to September 2025, initiated by Hamas’s attack on Israel and followed by extensive Israeli military operations (e.g., Operations “Iron Swords” and “Gideon Chariot”), numerous allegations of violations of this principle have emerged. Reports from the United Nations, Amnesty International, and Human Rights Watch (HRW) indicate that Israeli attacks have resulted in over 64,000 civilian Palestinian deaths, widespread destruction of infrastructure, and the displacement of millions. This article examines these violations, focusing on specific cases and legal analysis.
The Principle of Proportionality in International Law: Theoretical Framework
The principle of proportionality in IHL requires that every military attack must:
- Be necessary: No non-violent alternatives should be available.
- Be proportionate: Anticipated harm to civilians or civilian objects must not outweigh the expected military advantage.
- Be precautionary: Attacks must include preventive measures to minimize collateral damage.
At the Jus ad Bellum level, Israel’s overall response to the October 7, 2023, Hamas attack was justified as self-defense propaganda (though the number of victims from that attack remains unverified by academic and media sources). However, its intensity is unprecedented compared to any prior operations against civilians in a city in the 21st century. At the Jus in Bello level, each specific bombardment or strike must be assessed. Violations of this principle may constitute war crimes, as currently under investigation by the International Criminal Court (ICC).
Examples of Proportionality Violations in Gaza
The Gaza conflict from 2023 to 2025 has exhibited systematic patterns of proportionality violations, primarily attributed to the use of heavy weaponry with wide-area effects in densely populated areas. HRW reports indicate that Israeli forces used 2,000-pound “dumb” (unguided) bombs in residential areas, accounting for half of the munitions dropped. The United States has supplied over 5,000 such bombs to Israel.
Two illustrative examples of disproportionate attacks on civilian targets:
- Attack on Al-Shifa Ambulance (November 2023): The bombing of a marked ambulance outside Al-Shifa Hospital in Gaza killed 15 people and injured 60. HRW found no evidence of military use of the ambulance, labeling the attack “disproportionate” and a violation of the principle of distinction, as the harm to civilians far exceeded any potential military advantage.
- Attacks on Journalists and Families: In October 2023, a bombing targeting journalists in southern Lebanon (linked to Gaza) killed one and injured six, which HRW described as a “deliberate attack on civilians” and a war crime. Additionally, an attack on a family vehicle in southern Lebanon killed three girls (aged 10, 12, and 14) and their grandmother, with no military target nearby.
Widespread Infrastructure Destruction
By October 2024, nearly 60% of Gaza’s buildings were damaged or destroyed, with a destruction rate exceeding 70% in northern Gaza—surpassing the destruction in Mariupol, Ukraine (32%), or Aleppo, Syria (40% over three years). Operation “Gideon Chariot” escalated this to 78%, destroying 94% of hospitals and most water, sanitation, and hygiene (WASH) facilities. Over 90% of households lacked access to safe water.
The UN’s OHCHR describes the pattern of using heavy, high-yield weapons in densely populated areas as a “direct attack on the civilian population,” resulting in thousands of civilian deaths, including children dying of starvation. The “complete” blockade of Gaza, restricting access to water, food, and fuel, has been labeled “collective punishment” and the “use of starvation as a weapon,” further violating proportionality.
Satellite Evidence and Strategic Patterns
Analysis of satellite radar imagery reveals that destruction has been concentrated around civilian infrastructure, not military targets. Statements by Israeli officials about aiming for “maximum damage” confirm Jus ad Bellum violations. While eliminating Hamas may be a legitimate objective, it is incompatible with Gaza’s conditions (high population density and military integration into civilian areas), rendering the anticipated harm excessive for Israel’s security needs.
Legal Analysis and Implications
From a legal perspective, these actions constitute systematic violations of IHL. The OHCHR accuses Israel of war crimes, including willful killing, forced transfer, and torture, with destruction patterns indicating a “maximum damage strategy.” Western allies like France, the UK, and Canada have called the actions “wholly disproportionate,” while U.S. senators have halted arms sales due to potential complicity.
The humanitarian consequences are catastrophic: displacement of hundreds of thousands, infant deaths from starvation, and permanent infrastructure devastation. In June 2025, the International Court of Justice (ICJ) called for an immediate halt to forced transfers in Gaza, emphasizing that attacks must align with the principles of distinction, proportionality, and precaution. These violations not only undermine Israel’s credibility but also increase the criminal liability of its leaders at the ICC.
Conclusion
The violation of the principle of proportionality in Gaza represents not only a legal failure but also a humanitarian crisis that has devastated thousands of lives. The international community must respond with measures such as suspending military aid, imposing arms sanctions, pursuing judicial accountability, and conducting independent investigations. Only through adherence to IHL can the cycle of violence be broken and sustainable peace established in the region.
Sources and References
This article is based on credible reports. For further depth, consulting primary sources is recommended.
Further Reading: Apartheid Database – Journal of Iranian International Legal Studies 2024 – Dr. Amirali R. Davoudpour
https://www.academia.edu/resource/work/122171357
