| Abstract [eng] |
This master’s thesis analyzes the legal characterization of the armed conflict between Israel and Hamas, which began on October 7, 2023, from the perspective of international humanitarian law. The thesis examines the concept of armed conflict, the criteria for distinguishing between international and non-international armed conflicts, as well as the significance of the doctrine of transnational armed conflict in the context of contemporary threats posed by non-state armed groups. By analyzing the norms of international humanitarian law, legal doctrine, and the practice of international courts, the study aims to reveal which criteria determine the classification of the type of armed conflict and how they should be applied in the context of the events of October 7, 2023. The study pays particular attention to the analysis of armed conflicts involving non-state actors and terrorist groups. The paper examines the issue of distinguishing between terrorist attacks and armed conflict, the impact of the events of September 11, 2001, on the doctrine of classifying armed conflict, as well as the significance of de facto authority exercised by non-state actors and the concepts of occupation and effective control. The influence of Palestinian statehood, the continuity of the occupation of Gaza, and the status of Hamas as an organized non-state armed group on the legal classification of the conflict is assessed separately. The study also analyzes the factual circumstances and legal characterization of the events of October 7, 2023, assessing elements such as the intensity of the conflict, its level of organization, territorial control, occupation, and transnational nature. The study reveals that the situation under examination does not fall into the traditional categories of international and non-international armed conflicts, and therefore its classification remains controversial. The conclusions of the study state that the events of October 7, 2023, correspond to the type of non-international armed conflict, and the doctrine of transnational conflict remains significant in interpreting the legal nature of such contemporary conflicts. |
