Water Crisis in War and Under Occupation: Current Israeli Policy and Practice in Occupied Palestinian Territory under International Humanitarian Law
Author(s)
Editor(s)
Gaeta, Paola
American Society of International Law, Antonio Cassese Initiative for Justice, Peace and Humanity, Bocconi University, College of Europe, Warsaw, European University Institute, Geneva Academy of International Humanitarian Law and Human Rights, Graduate Institute of International and Development Studies, International Spectator, Italian Society of International Law, Journal of International Criminal Justice, National Institute of Military Justice, Oxford Monographs in International and Criminal Law, University of Florence, University of Geneva
Publisher
Geneva: Geneva Academy of International Humanitarian Law and Human Rights
Date issued
June 16, 2025
Number of pages
28
Subjects
Israel Palestine Gaza West Bank Occupied Palestinian Territory Armed Conflict Belligerent occupation Right to water International Humanitarian Law Humanitarian Assistance Humanitarian Relief Human Rights War Crimes Crimes against Humanity Genocide
Abstract
Our new IHL in Focus Spot Report Water Crisis in War and Under Occupation: Current Israeli Policy and Practice in Occupied Palestinian Territory under International Humanitarian Law, analyses Israeli policy and practice relating to water in the Occupied Palestinian Territory (OPT) through the lens of international humanitarian law (IHL). Using satellite imagery, municipal records, humanitarian reports, and military statements, the report examines the destruction of water and sanitation systems alongside restrictions on access – measures that breach key provisions of IHL and are fuelling an acute humanitarian crisis.
Since October 2023, Israeli military operations in Gaza have severely damaged water infrastructure and imposed energy blockades that have drastically reduced access to clean drinking water. Entire neighbourhoods have been levelled, pipelines destroyed, and civilians forced to rely on contaminated wells or unsafe sources. In the West Bank, discriminatory water allocation, permit restrictions, and settler violence have long denied Palestinians access to adequate water resources.
Key Findings:
-Gaza Strip: Israeli actions, including water cut-offs, energy blockades, and targeting of desalination facilities, have caused drinking water availability to fall by 94% compared to the period before the current escalation, placing it far below emergency humanitarian thresholds.
-West Bank: A long-standing regime of discriminatory water allocation, permit restrictions, and settler violence systematically denies Palestinians access to essential water infrastructure.
-Legal Assessment: The report argues these patterns constitute violations of IHL and other branches of international law, potentially triggering state responsibility and individual criminal liability for war crimes, crimes against humanity, and, if proven, genocide.
‘The destruction of water infrastructure and the obstruction of humanitarian access are not isolated incidents,’ says Professor Paola Gaeta, Director of the Geneva Academy. ‘They reflect a sustained policy of coercion by an occupying power, with devastating effects on civilians, and especially on women and children.’
Despite provisional measures ordered by the International Court of Justice (ICJ) in the South Africa v Israel case, requiring Israel to ensure unhindered humanitarian aid and open the Rafah crossing, access to safe water in Gaza remains critically restricted. By May 2025, UN officials reported that ‘none of this aid has reached the Gaza population’. The International Criminal Court (ICC) has recognized the severity of these violations. Arrest warrants issued in November 2024 for Israeli Prime Minister Netanyahu and former Defence Minister Gallant include charges of starvation as a method of warfare, underlining that depriving civilians of water can constitute a prosecutable war crime.
A Call for Concrete Action
While the legal framework protecting access to water is clear and binding, enforcement depends on political will. This report calls on all states to take concrete action to uphold international law. It urges them to fulfil their obligation under Common Article 1 of the Geneva Conventions to ensure respect for IHL, prosecute grave breaches under universal jurisdiction and to adopt measures to induce compliance. States should neither recognize nor assist the unlawful situation created by Israel’s conduct; in fact, they should support accountability measures that provide justice and remedy to victims. As reaffirmed in a recent joint statement by the United Kingdom, France, and Canada, Israel must facilitate unhindered humanitarian access in Gaza, including access to water. These commitments now need to be translated into concrete action through sustained diplomatic pressure and support for legal enforcement.
Since October 2023, Israeli military operations in Gaza have severely damaged water infrastructure and imposed energy blockades that have drastically reduced access to clean drinking water. Entire neighbourhoods have been levelled, pipelines destroyed, and civilians forced to rely on contaminated wells or unsafe sources. In the West Bank, discriminatory water allocation, permit restrictions, and settler violence have long denied Palestinians access to adequate water resources.
Key Findings:
-Gaza Strip: Israeli actions, including water cut-offs, energy blockades, and targeting of desalination facilities, have caused drinking water availability to fall by 94% compared to the period before the current escalation, placing it far below emergency humanitarian thresholds.
-West Bank: A long-standing regime of discriminatory water allocation, permit restrictions, and settler violence systematically denies Palestinians access to essential water infrastructure.
-Legal Assessment: The report argues these patterns constitute violations of IHL and other branches of international law, potentially triggering state responsibility and individual criminal liability for war crimes, crimes against humanity, and, if proven, genocide.
‘The destruction of water infrastructure and the obstruction of humanitarian access are not isolated incidents,’ says Professor Paola Gaeta, Director of the Geneva Academy. ‘They reflect a sustained policy of coercion by an occupying power, with devastating effects on civilians, and especially on women and children.’
Despite provisional measures ordered by the International Court of Justice (ICJ) in the South Africa v Israel case, requiring Israel to ensure unhindered humanitarian aid and open the Rafah crossing, access to safe water in Gaza remains critically restricted. By May 2025, UN officials reported that ‘none of this aid has reached the Gaza population’. The International Criminal Court (ICC) has recognized the severity of these violations. Arrest warrants issued in November 2024 for Israeli Prime Minister Netanyahu and former Defence Minister Gallant include charges of starvation as a method of warfare, underlining that depriving civilians of water can constitute a prosecutable war crime.
A Call for Concrete Action
While the legal framework protecting access to water is clear and binding, enforcement depends on political will. This report calls on all states to take concrete action to uphold international law. It urges them to fulfil their obligation under Common Article 1 of the Geneva Conventions to ensure respect for IHL, prosecute grave breaches under universal jurisdiction and to adopt measures to induce compliance. States should neither recognize nor assist the unlawful situation created by Israel’s conduct; in fact, they should support accountability measures that provide justice and remedy to victims. As reaffirmed in a recent joint statement by the United Kingdom, France, and Canada, Israel must facilitate unhindered humanitarian access in Gaza, including access to water. These commitments now need to be translated into concrete action through sustained diplomatic pressure and support for legal enforcement.
Later version
https://archives.geneva-academy.ch/news/detail/785-spot-report-water-crisis-in-war-and-under-occupation-current-israeli-policy-and-practice-in-occupied-palestinian-territory-under-international-humanitarian-law.html
Publication type
report
