The Right to Food in Gaza: Israel’s Obligations Under International Law

Abstract

This note is part of a series of articles exploring the legal implications of Israel's 2008-2009 'Operation Cast Lead' offensive against Hamas in Gaza and explores the legal implications of the offensive and Israel's control of Gaza's borders in light of the human right to adequate food. The right to food is discussed, along with related topics of international humanitarian law. The note concludes that generally there is no current recognized justification under international law for any State to block legitimate food-related aid destined for a civilian population in need and that as such, Israel's blockade, while predicated on valid security concerns, was overly restrictive and therefore violated international law in exchange for marginal security benefits.

Keywords: human right to food, international humanitarian law, Hamas, Gaza, famine, cast lead, blockade

JEL Classification: K33