Report on the Legality of Military Operations in Gaza and Implications for Sustainable Development Goals

1.0 Introduction: Legal Scrutiny of Military Conduct

A group of approximately twenty international law and legal theory experts from Israeli universities has formally communicated with the Prime Minister’s office regarding ongoing military operations in the Gaza Strip. The communication expresses grave concerns over the legality of expanding the conflict, occupying territory, and policies described as “encouraging voluntary migration.” The experts’ analysis concludes that the continuation of military action has become illegal under international law, potentially constituting an “act of aggression” with criminal liability for senior officials. This assessment directly challenges the principles of SDG 16: Peace, Justice and Strong Institutions, which advocates for the rule of law at national and international levels.

2.0 Conflict Impact on Sustainable Development Goals (SDGs)

The legal experts’ letter highlights a severe disconnect between the military campaign’s execution and the foundational principles of sustainable development. The ongoing destruction and humanitarian crisis directly contravene multiple SDGs.

2.1 Proportionality and Humanitarian Costs

The core of the legal argument is that the military actions have exceeded the bounds of proportionality. The experts state, “the marginal addition to state security that could be gained, if at all, from continuing the fighting – let alone expanding it – is not proportionate.” This disproportionality is measured against the widespread devastation, which undermines several key development goals.

• SDG 2: Zero Hunger: The report notes that tens of thousands of individuals are suffering from malnutrition and hunger, a direct failure to meet this goal.
• SDG 3: Good Health and Well-being: The collapse of medical services has created a public health catastrophe, preventing access to essential care.
• SDG 11: Sustainable Cities and Communities: The destruction of most of Gaza’s infrastructure and the repeated displacement of hundreds of thousands of people from their homes is in direct opposition to the goal of creating safe, resilient, and sustainable human settlements.

3.0 Institutional Accountability and SDG 16

A significant portion of the analysis focuses on the role of Israel’s senior legal officials and the perceived failure of state institutions to uphold international law, a key component of SDG 16, particularly Target 16.6 concerning the development of effective, accountable, and transparent institutions.

3.1 Alleged Inaction of Senior Legal Officials

The report criticizes the silence of the state’s three most senior legal officials responsible for ensuring compliance with international law. It is argued that their passivity constitutes a grave failure, making them complicit in the alleged violations.

1. Attorney General Gali Baharav-Miara
2. IDF Chief Military Advocate General, Maj. Gen. Yifat Tomer-Yerushalmi
3. Deputy Attorney General for International Law, Dr. Gilad Noam

This silence is viewed as an abdication of their duty to provide clear and courageous legal counsel to the government, thereby weakening the institutional mechanisms designed to ensure justice and accountability.

3.2 Erosion of Institutional Integrity

There are allegations that critical legal opinions within the Justice Ministry and the Military Advocate General’s Corps are being suppressed. This adoption of a “permissive, willfully blind approach” suggests a systemic failure to maintain the strong, independent institutions required by SDG 16. The result is that the state is allegedly committing serious violations of international law that can no longer be defended.

4.0 International Justice Mechanisms and Global Partnerships

The situation has engaged international legal bodies, reflecting a global effort to ensure accountability and uphold justice, in line with both SDG 16 and SDG 17: Partnerships for the Goals.

4.1 Proceedings in International Courts

The macro-level decisions guiding the conflict are under scrutiny by international courts, which serve as a critical partnership for global justice.

• International Court of Justice (ICJ): South Africa’s case against Israel continues, examining state-level responsibility.
• International Criminal Court (ICC): The prosecutor has successfully sought arrest warrants for Prime Minister Netanyahu and former Defense Minister Yoav Gallant, focusing on individual criminal responsibility.

4.2 Universal Jurisdiction and Future Liability

Beyond the actions of the ICJ and ICC, the principle of universal jurisdiction allows other nations to initiate criminal proceedings against Israeli officials for alleged war crimes. There is concern among legal experts that secret arrest warrants may have already been issued by the ICC or individual countries, posing a risk of arrest for officials traveling abroad. This underscores the global legal framework intended to prevent impunity and support the overarching goal of peace and justice for all.

SDGs Addressed in the Article

Explanation

The article discusses issues that directly or indirectly relate to several Sustainable Development Goals. The primary focus is on peace, justice, and the rule of law, but the consequences of the conflict described also touch upon fundamental human needs like food, health, and shelter.

• SDG 16: Peace, Justice and Strong Institutions: This is the most prominent SDG in the article. The text revolves around the legality of the war under international law, the alleged commission of “war crimes,” the role of international judicial bodies like the ICJ and ICC, and the failure of national legal institutions (the Attorney General, Military Advocate General) to uphold the rule of law and provide courageous legal counsel.
• SDG 2: Zero Hunger: The article explicitly mentions the severe humanitarian impact of the conflict, stating that “tens of thousands are suffering from malnutrition and hunger.” This directly connects the conflict to the goal of ending hunger and ensuring food security.
• SDG 3: Good Health and Well-being: The collapse of the healthcare system is highlighted with the statement that “medical services have collapsed.” This points to a severe regression in health outcomes and access to care, which is a core concern of SDG 3.
• SDG 11: Sustainable Cities and Communities: The article describes widespread destruction, noting that “most of Gaza’s infrastructure has been destroyed” and “hundreds of thousands of people have been repeatedly displaced from their homes.” This relates to the goal of making human settlements safe, resilient, and sustainable, which is impossible amid such destruction and displacement.

Specific SDG Targets Identified

Explanation

Based on the specific issues raised in the article, several SDG targets can be identified as being directly undermined by the situation described.

1. Target 16.1: Significantly reduce all forms of violence and related death rates everywhere. The article’s focus on the continuation and expansion of “fighting” and the use of force that is allegedly no longer “proportionate” directly relates to this target.
2. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The entire piece is an analysis of this target’s failure. It discusses violations of “international law,” the “silence of Israel’s three senior legal officials,” and the engagement of the “International Court of Justice (ICJ)” and the “International Criminal Court (ICC),” all of which are central to the rule of law and access to justice.
3. Target 2.1: By 2030, end hunger and ensure access by all people… to safe, nutritious and sufficient food all year round. The statement that “tens of thousands are suffering from malnutrition and hunger” indicates a critical failure to meet this target for the affected population.
4. Target 3.d: Strengthen the capacity of all countries… for early warning, risk reduction and management of national and global health risks. The description of “medical services have collapsed” signifies a complete breakdown of the capacity to manage health risks in the conflict zone.
5. Target 11.1: By 2030, ensure access for all to adequate, safe and affordable housing and basic services. The mention of “most of Gaza’s infrastructure has been destroyed” and “hundreds of thousands of people have been repeatedly displaced from their homes” shows a direct contravention of this target.

Indicators for Measuring Progress

Explanation

While the article does not provide quantitative data, it offers several qualitative descriptions that serve as implied indicators for measuring the status of the identified targets.

• Indicator for Target 16.1: The article implies a high rate of violence through descriptions of “continuation of the war,” plans to “expand the fighting,” and the use of force that “exceeds the bounds of proportionality.”
• Indicator for Target 16.3: The existence of legal proceedings at the “International Court of Justice (ICJ)” and the issuance of “arrest warrants” by the “International Criminal Court (ICC)” serve as indicators of alleged breaches of international law. The critique of national legal officials for being “active partners” in violations rather than upholding the law is another strong indicator.
• Indicator for Target 2.1: The specific mention of “tens of thousands are suffering from malnutrition and hunger” is a direct, albeit non-statistical, indicator of severe food insecurity.
• Indicator for Target 3.d: The statement that “medical services have collapsed” serves as a clear indicator of the failure of the health system’s capacity.
• Indicator for Target 11.1: The descriptions of “most of Gaza’s infrastructure has been destroyed” and “hundreds of thousands of people have been repeatedly displaced” are indicators of a massive housing and infrastructure crisis.

Summary Table of SDGs, Targets, and Indicators

Source: timesofisrael.com