The policies adopted by Israel during the conflict with Palestinian resistance groups since October 7, 2023, have placed the lives of thousands of people across various regions of the Gaza Strip at serious risk by disrupting access to essential life goods, resulting in hunger, thirst, and violations of physical and mental health. This is in clear defiance of international humanitarian law, which prohibits the use of starvation as a tactic of war. Article 8(b) of the Rome Statute and the Elements of Crimes encompass both direct and indirect means of imposing hunger, considering it as a form of "deprivation of civilians of essential goods for survival" during an armed conflict.
This study, employing a descriptive-analytical method, demonstrates that the existing evidence regarding the imposed prohibitions and restrictions in the area including direct limitations on access to food and drinking water, and indirect disruptions to energy supplies & transport routes constitutes conditions leading to starvation in the framework of international humanitarian laws and the Rome Statute is a violation of international laws especially considering the order of 28 March 2024 of the ICJ (South Africa v. Israel), that requires the serious attention of human rights groups and international institutions. Addressing these issues is crucial for overcoming accusations of selective justice by these bodies in cases of human rights violations, ensuring the necessary safeguards to prevent selective enforcement, and addressing the legitimacy crisis faced by these institutions in achieving their objectives, particularly the International Criminal Court's role in effectively combating impunity.