이스라엘-하마스 전쟁과 국제규범의 적용 = Israel-Hamas War and the Application of International Norms

다국어 초록 (Multilingual Abstract)

Although a year has passed since the Israel-Hamas War was triggered by Hamas’s surprise attack, the completion of the war and the restoration of peace still seem distant. The toll of death and injury has already exceeded 130,000, and the number of those dying from starvation or sickness continues to rise. But there is no clear exit-plan in sight. As the situation continues to deteriorate, international legal debates have intensified over the issues such as the recognition of Israel’s right to self-defense and violations of the laws of war and international humanitarian laws. The recent ‘pager and radio bomb incidents’ across Lebanon have drawn increased attention to the issue of violations of the laws of war.
The International Court of Justice (ICJ) has ordered the immediate cessation of Israeli attacks on Rafah area in Gaza, the prompt release of hostages from Hamas’ hands, and the expansion of humanitarian aid activities. However, neither of the parties involved in the war, Israel or Hamas, appears willing to comply with the order. Additionally, the Prosecutor of the International Criminal Court (ICC), Karim Khan, has requested to the ICC to issue the arrest warrants for Hamas leaders like Yahya Sinwar and Israeli leaders such as Benjamin Netanyahu. But the parties involved only point out the alleged unfairness of these measures.
This situation has undermined the authority of international courts, which strive to uphold global order through the strict application of legal norms. Moreover, it has put at risk the hopes of human beings to achieve global peace through international organizations. The international society now faces the challenge of balancing ‘international norms’ with ‘power politics’.
This situation holds significant implications for us, who are under the constant threat from North Korea. If North Korea were to attack the Republic of Korea(South Korea), South Koreans must find ways how to secure their right to self-defense and how to encourage constructive involvement by the ICJ and ICC. Additionally, they must gather wisdom to ensure that a balance between legal principles and power politics can be achieved.