Quarterly Journal of West Asia Political Research
Bi-lingual

State Jurisdiction over Violations of Children's Rights in the Hamas–Israel Conflict: An International Law Perspective

Document Type : Original Article

Authors

sayae kefayat ullah nadeem sadat 1
khadija koshan 2

1 University of Isfahan, Faculty of Administrative Sciences and Economics, Department of Political Science, Public Policy

2 International Relations Law Major, Faculty of Humanities, Payam Noor University, Tehran, Iran

Abstract
Violations of children's rights during armed conflicts constitute one of the most pressing challenges in contemporary international human rights law and international humanitarian law. Owing to their physical and psychological vulnerability, children are disproportionately affected by the devastating consequences of war and armed violence. In recent years, particularly in the context of the Hamas–Israel conflict, numerous reports have documented widespread violations of children's rights in the Gaza Strip, underscoring the profound humanitarian and legal dimensions of the crisis.
Using a descriptive-analytical research approach, this study examines the legal challenges associated with the jurisdiction of states and international institutions to investigate and prosecute violations of children's rights arising from this armed conflict. The findings indicate that, although the conduct attributed to the parties to the conflict may constitute international crimes under international law and therefore give rise to individual criminal responsibility, significant legal, political, and practical obstacles continue to impede the effective exercise of jurisdiction by both states and international judicial mechanisms. The analysis further demonstrates that, where the jurisdictional requirements of the Rome Statute are satisfied, the International Criminal Court possesses a viable legal framework for investigating and prosecuting certain crimes committed in the context of the conflict. Overall, the study concludes that strengthening international cooperation and making more effective use of existing legal mechanisms are essential for enhancing the protection of children's rights and combating impunity for serious violations of international humanitarian law.

Keywords

State jurisdiction
Children's rights violations
International law
Hamas&ndash
Israel conflict

Home

Guide for Authors

Submit Manuscript

Reviewers

Contact Us