Protection of Palestinian Children in Armed Conflicts after 7 October 2023 from the Perspective of International Human Rights Law and International Humanitarian Law

Abstract

The escalation of armed conflicts in the Gaza Strip following the events of 7 October 2023 has resulted in widespread and systematic violations of the rights of Palestinian children, once again challenging the effectiveness of the international protection regime for this vulnerable group. Within this context, Palestinian children have faced simultaneous infringements of their fundamental rights under both international human rights law and international humanitarian law, including the right to life, health, education, and psychological security. The present article aims to examine the effectiveness of the protective mechanisms embedded within these two legal regimes and to analyze the causes of their inadequacy in ensuring accountability and preventing the continuation of impunity. Employing a descriptive–analytical method and a documentary–library-based approach, this study reviews relevant international legal instruments, the practice of international bodies, and official reports issued by the United Nations. The findings indicate that despite the existence of a relatively comprehensive normative framework, deficiencies in enforcement mechanisms, the politicization of international institutions, and the absence of binding guarantees have contributed to the continued violation of the rights of Palestinian children and the reinforcement of structural impunity. Accordingly, the article argues that effective protection of Palestinian children requires the practical integration of international human rights law and international humanitarian law and the development of complementary mechanisms, particularly transitional justice processes, with an emphasis on accountability, reparation, and guarantees of non-repetition.