International Law vs. Reality for Children in Palestine
Did you know that what’s happening in Gaza right now meets the legal definition of genocide?
While many associate the
atrocities
unfolding in Gaza with moral outrage only, it is important to understand that
these actions also meet the
legal definition
of
genocide
. Under
international law
— specifically the
1948 Genocide Convention
and recent rulings from the
International Court of Justice
—
legal bodies
and
human rights organizations
, including
Amnesty International
,
B’Tselem
, and
UN‑appointed experts
, have documented Israel’s actions in Gaza as acts of genocide.
These include
deliberate starvation
,
mass killing
,
forced displacement
, and
obstruction of aid
— each consistent with
genocidal intent
and sufficient to trigger the
legal obligation
of
all states who are party to the Genocide Convention
to not only acknowledge these acts but to
intervene
.
International Law vs. Reality for Palestinian Children
This page exists to examine the gap between binding international law and its enforcement for Palestinian children under occupation. Each entry outlines a formally recognized legal obligation—ratified by states, codified in treaties—and follows it with credible documentation of its breach.
| Formal Law (International Legal Standard) | Reality in Practice (Documented Violations) |
|---|---|
| Protection from Starvation; Right to Health & Life – Fourth Geneva Convention Art. 54 | Widespread Starvation & Child Malnutrition: Famine conditions are now unfolding in Gaza, with acute malnutrition and hunger-related deaths soaring among children. In July 2025 alone, 154 people died of malnutrition, including 89 children, as reported by Gaza’s Health Ministry — most in recent weeks as food runs out under blockade conditions where aid delivery has been severely restricted or delayed. The World Health Organization confirms that of 74 malnutrition‑related deaths in 2025, 63 occurred in July, with 24 children under five among them; nearly one in five children under five in Gaza City is now acutely malnourished. Over 5,100 children were admitted for malnutrition treatment in July; hospitals are overwhelmed, and therapeutic food supplies, including Ready‑To‑Use Therapeutic Food (RUTF), are expected to run out by mid‑August, leaving many with no access to life-saving nutrition interventions. |
| UN Convention on the Rights of the Child Art. 24 & Art. 6 | Global hunger classification bodies (IPC and UN agencies) confirm that famine‑threshold indicators have been met across Gaza—triggering international warnings of “worst‑case scenario famine” and mounting calls for urgent, unobstructed aid delivery. These conditions potentially constitute starvation used as a weapon, with no reliable water, food, or medical supplies entering, violating obligations under international humanitarian law to protect life and health during occupation. |
| Freedom from Arbitrary Detention & Right to Fair Trial – UNCRC Art. 37(b), 40 | Routine Military Detention of Minors without Due Process: Israeli forces routinely detain hundreds of Palestinian minors under military law each year. These children are prosecuted in military courts that lack basic fair‑trial guarantees. Nearly all detained minors are denied fundamental rights during arrest and interrogation (97% are interrogated without a parent or lawyer). Many are taken in night raids, held without being informed of charges, and tried by military officers rather than civilian judges. Administrative detention has surged (85 minors held as of late 2024), meaning these children have no idea when or if they will be released—an arbitrary detention in violation of international law. |
| Protection from Torture & Ill‑Treatment – UNCRC Art. 37(a); GC IV Art. 32 | Ill‑treatment of Palestinian child detainees by Israeli authorities is documented as “widespread, systematic, and institutionalized.” Approximately 3 in 4 detained children report physical violence by soldiers or police at arrest or during interrogation. Common tactics include beatings, threats, stress positions, and prolonged blindfolding and hand‑tying. Such abuse often coerces confessions under duress—sometimes amounting to torture—and violates the absolute ban on cruel treatment of children. |
| Protection from Forced Displacement & Home Destruction – GC IV Arts. 49, 53; UNCRC Art. 27 | Roughly 4,000 Palestinians were displaced (over 1,800 were children) in 2023 as homes were torn down. Hundreds more had their properties razed under permit pretexts or as collective punishment, breaching the Geneva Conventions and violating children’s right to shelter and stability. |
| Right to Education – UNCRC Art. 28; GC IV Art. 50 | Schools Under Attack and Education Obstructed: an EU‑funded school for 40 children in Jubbet adh Dhib was demolished in May 2023, and across 2023 there were 69 recorded school attacks and over 2,300 harassments of students and teachers. Military checkpoints and closures force long detours or missed classes, violating children’s right to learn safely. |
| Right to Health & Humanitarian Aid – UNCRC Art. 24; GC IV Arts. 55–56, 59 | Denial of Medical Care and Blockade of Aid: exit permits for nearly 400 sick children were denied or delayed in early 2023, resulting in preventable deaths. Total closures during escalations halt deliveries of medicine, clean water, and fuel for hospitals, contributing to rising child mortality and violations of humanitarian relief obligations. |
| Right to Life & Protection in Conflict – UNCRC Art. 6; Geneva Conventions & Customary IHL | Unlawful Killings and Maiming of Palestinian Children: In 2023, Israeli forces shot and killed at least 34 children in the West Bank by August, and after October 2023 Gaza campaigns caused over 50,000 child casualties. Airstrikes have buried families in rubble and created over 1,000 child amputees. The scale suggests indiscriminate attacks on civilians with virtually no accountability. |
| Freedom of Expression & Identity – UNCRC Arts. 8, 13, 15 | Criminalization of Speech & Identity: A 2023 ban on the Palestinian flag has led to children being detained for waving it. Cultural and educational events are shut down, and teens face administrative detention over social‑media posts labeled as “incitement”, suppressing Palestinian children’s voices and identity. |
| Non‑Discrimination & Equal Protection – UNCRC Art. 2; GC IV Art. 27 | Two‑Tier Legal System and Discrimination: Palestinian children in the West Bank face military courts, while Israeli settler children are tried in civilian courts with greater safeguards. Israel is the only country that systematically prosecutes children in military courts—a practice condemned as inherently discriminatory. |
SOURCES CITED:
Documentation in this table is drawn from verifiable, nonpartisan sources including:
United Nations bodies: UNICEF, OHCHR, OCHA, and the UN Committee on the Rights of the Child.
International treaties and legal instruments:
– UN Convention on the Rights of the Child (1989)
– Fourth Geneva Convention (1949)
– Rome Statute of the International Criminal Court (1998)
Legal and human rights organizations:
– Defense for Children International – Palestine (DCI-P)
– Human Rights Watch
– Al Mezan Center for Human Rights
– B’Tselem
– Addameer Prisoner Support and Human Rights Association
Reports and data from 2023–2025, including verified child rights violations submitted to UN bodies and independent legal monitors.
All claims are linked directly in the “Reality in Practice” column for transparency and citation. For legal researchers, treaty text and interpretive guidance can be accessed through the UN Treaty Collection and ICRC IHL Database.
The above comparisons are drawn from international treaties (UN Convention on the Rights of the Child; Fourth Geneva Convention) and documented findings by the United Nations and reputable human rights organizations, including Defense for Children International – Palestine, UNICEF, OCHA, Human Rights Watch, B’Tselem, and others. Each “Reality” example is supported by these organizations’ reports or official statements (cited in text).
Arbitrary by Default – Defense for Children International – Palestine:
https://www.dci-palestine.org/arbitrary_by_default
Military Detention – Defense for Children International – Palestine:
https://www.dci-palestine.org/military_detention
Number of Palestinian children in administrative detention quadrupled since last year – DCI-Palestine:
https://www.dci-palestine.org/number_of_palestinian_children_in_administrative_detention_quadrupled_since_last_year
Displacement Report, February 2024 – UN OCHA:
https://www.ochaopt.org/sites/default/files/Displacement_report_February_2024.pdf
Statement on Demolition of Palestinian School – UN DPPA:
https://dppa.un.org/en/statement-un-special-coordinator-middle-east-peace-process-tor-wennesland-demolition-of-palestinian
EU Statement on Demolition of Jubbet Adh Dhib School – EEAS:
https://www.eeas.europa.eu/eeas/israelpalestine-statement-spokesperson-demolition-jubbet-adh-dhib-school_en
45,000 First Graders Unable to Start School Year in Gaza – UNICEF:
https://www.unicef.org/press-releases/45000-first-graders-unable-start-new-school-year-gaza-strip-unicef
Two Children a Day Denied Medical Care in Gaza – Save the Children:
https://www.savethechildren.net/news/i-can-t-run-play-or-get-treatment-two-children-day-gaza-unable-access-medical-treatment-due-16
West Bank: Spike in Israeli Killings of Palestinian Children – Human Rights Watch:
https://www.hrw.org/news/2023/08/28/west-bank-spike-israeli-killings-palestinian-children
More Than 50,000 Children Reportedly Killed or Injured in Gaza – UNICEF Canada:
https://www.unicef.ca/en/press-release/unimaginable-horrors-more-50000-children-reportedly-killed-or-injured-gaza-strip
A Year of Lost Childhood – Defense for Children International – Palestine:
https://www.dci-palestine.org/a_year_of_lost_childhood_palestinian_children_in_gaza_suffer_amid_ongoing_israeli_genocide
Israel Security Minister Bans Palestinian Flag in Public – The Guardian:
https://www.theguardian.com/world/2023/jan/09/israel-security-minister-bans-palestinian-flag-flying-in-public