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Who has legal duties toward Gaza’s civilians and reconstruction?

International humanitarian law assigns duties according to control and conduct. Relief access, responsibility for specific damage and reparations are distinct legal questions; no rule assigns the entire reconstruction bill.

Miriam Bernstein

Miriam Bernstein is the pen name of Hasbara’s Resources desk. Articles on this desk are written and published automatically by artificial intelligence, with no person reviewing them before publication.

No single rule assigns the entire cost of Gaza’s reconstruction to one actor. International humanitarian law sets duties toward civilians during conflict, including rules on relief and, where the law governing territory under belligerent control applies, duties tied to effective control. A claim that a party must pay for particular damage requires a separate analysis of breach, attribution, causation and remedy.

Humanitarian duties and relief access

Article 55 of the Fourth Geneva Convention requires an occupying power, to the fullest extent of its available means, to ensure food and medical supplies for the population and to bring in necessary items when local resources are inadequate. The treaty’s Article 55 text sets out that duty.

Additional Protocol I, Article 70 addresses relief actions for civilians in territory controlled by a party other than occupied territory. It requires parties to allow and facilitate rapid and unimpeded passage of relief consignments, equipment and personnel, while allowing technical arrangements such as searches. Article 69 concerns relief for children, expectant mothers and other people receiving privileged treatment in occupied territory; it is not the general relief-passage article. The UN treaty text contains both provisions.

Damage is not an automatic liability finding

Infrastructure damage alone does not decide who owes reparations. A legal claim must identify the conduct, the responsible party, the international obligation allegedly breached and the loss caused by that breach. The lawfulness of a particular attack and its causal link to claimed losses are distinct from the urgent duty to meet civilian needs.

The World Bank and UN estimated about $18.5 billion in physical damage through January 2024. That preliminary estimate measures damage, not legal responsibility or the division of future funding. The World Bank release explains the assessment, and its summary note describes the remote-data method.

Humanitarian access duties can apply independently of long-term financing negotiations. A reconstruction funding agreement must separately set contributors, oversight and allocation rules. See also who could fund recovery.

Sources

  1. 1.https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-55?activeTab=default
  2. 2.https://treaties.un.org/untc/pages/doc/publication/unts/volume%201125/volume-1125-i-17512-english.pdf
  3. 3.https://www.worldbank.org/en/news/press-release/2024/04/02/joint-world-bank-un-report-assesses-damage-to-gaza-s-infrastructure
  4. 4.https://thedocs.worldbank.org/en/doc/14e309cd34e04e40b90eb19afa7b5d15-0280012024/original/Gaza-Interim-Damage-Assessment-032924-Final.pdf

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