Bioethics and Health Law Journal (BHL)

Abstract

Islam establishes strict moral rules for warfare, emphasizing the sanctity of civilians, the prohibition of environmental destruction and the provision of essential needs such as food, water and medicine to populations affected by war. These principles overlap significantly with the rules of international humanitarian law on the protection of civilians and access to humanitarian assistance. The ongoing crisis in the Gaza Strip, under Israeli military operations, is a clear example of the gross failure of these features. The prolonged siege, coupled with severe restrictions on the entry of vital aid, along with the destruction of essential infrastructure, has led to a profound humanitarian crisis that has severely limited access to the bare necessities of life for civilians. The evidence of widespread destruction, forced displacement of the population and disproportionate civilian casualties, coupled with the lack of access to essential food and medicine, especially for children, adolescents and pregnant and lactating mothers, confirms the commission of war crimes and genocide. The killing of 60,000 civilians, the deaths of dozens due to starvation and the killing of a large number of people in food queues are all examples of this genocide. This situation highlights a deep gap between the theoretical commitment to the ethics of war in Islam and international law and the reality of the battlefield in Gaza and requires urgent examination from a legal and ethical perspective. This study examines the ethical norms and counter-norms of war from an Islamic perspective.