College of Law

A specialized legal article by Dr. Ahmed Faris Idris on the international protection of children during armed conflicts –

Gaza as a model

Protecting children during armed conflicts is one of the most important priorities of international humanitarian law due to their fragile situation and their vulnerability to wartime violations. In light of the escalation of armed conflicts worldwide, the Gaza Strip remains a prominent example of systematic and sustained violations of children’s rights. Children in Gaza have suffered from repeated waves of aggression and blockade, which necessitates shedding light on the international legal framework concerned with their protection and the extent of its respect or violation on the ground. The international legal framework for the protection of children in armed conflicts lies in the four Geneva Conventions of 1949 and the two Additional Protocols of 1977, the most important foundation for the protection of civilians, including the protection of children during armed conflicts. Article (77) of Additional Protocol I states that:

“Children shall be given special respect and shall be protected against all forms of abuse. Parties to the conflict shall provide them with the care and assistance they require.” Article (4) of Additional Protocol II on non-international armed conflicts also prohibits the recruitment of children under the age of 18. 15 years and the need to protect them from violence and abuse. The 1989 Convention on the Rights of the Child, issued by the United Nations in 1989 and ratified by most countries in the world, is one of its most prominent provisions that enshrines the comprehensive rights of children, even during wars. Article (38) states: “States Parties shall take all feasible measures to ensure that children who have not attained the age of fifteen years do not take a direct part in hostilities.” The Optional Protocol on the Involvement of Children in Armed Conflict (2000) also expands the scope of legal protection and prohibits the recruitment of children under the age of 18 years into armed conflict, whether by official armed forces or armed groups. Since 2008, the Gaza Strip has witnessed more than five wars or military aggression by the Zionist occupation forces, resulting in thousands of civilian casualties, the majority of whom were children and women. According to United Nations reports, the number of children killed in the 2023 aggression alone exceeded 11,000 Palestinian children. International organizations such as Save the Children and UNICEF also point to the widespread destruction of schools and hospitals, which represents A flagrant violation of the provisions of the Geneva Conventions relating to civilian facilities. The blockade imposed on Gaza since 2007 is one of the most prominent tools of collective violation of children’s rights, depriving thousands of them of their right to education, food, healthcare, play, and normal development. These are fundamental rights guaranteed by Article (6) of the Convention on the Rights of the Child. Despite the existence of clear international texts prohibiting violations against children in armed conflicts, deterrent mechanisms remain weak in implementation. Until recently, international investigative bodies avoided including Israel among the countries violating children’s rights. However, in 2024, the United Nations decided to include Israel on this list after widespread international pressure. This is an important development, but it is insufficient unless it is accompanied by effective accountability measures. The humanitarian situation in Gaza also reveals a huge gap between international legal rules for the protection of children and the tragic reality experienced by the children of the Strip under the yoke of occupation, blockade, and aggression. International law cannot fully fulfill its role unless international accountability mechanisms are activated and real pressure is exerted on the Israeli occupation to comply with international law. The children of Gaza are not just numbers in reports, but innocent lives deserving of life, protection, and justice.