Gaza Tribunal: Addressing Human Rights Violations

The international community is paying increasing attention to the developments in the Israeli-Palestinian conflict. In this context, the recent establishment and first public hearings of the Gaza Tribunal deserve particular attention. The tribunal, which held its initial sessions in Sarajevo from May 26 to 29, 2025, is a civic initiative aimed at investigating and documenting war crimes and human rights violations in the Gaza Strip. This article aims to provide an in-depth analysis of the tribunal’s context, the role of Hamas, and the historical and political forces that shape the complex relationship between Israel and Palestine.

The Establishment and Purpose of the Gaza Tribunal

The Gaza Tribunal is an independent initiative borne out of concern for the ongoing humanitarian crisis in Gaza and the alleged impunity for war crimes. The founders of the tribunal, often consisting of lawyers, human rights activists, and victims, have aimed to create a platform for testimonies, gather evidence, and inform the international community about the situation in Gaza.

The tribunal operates independently of any specific government or international organization, allowing for theoretical operational independence. However, it is essential to recognize that the legitimacy and effectiveness of the tribunal depend on the recognition and support of the international community. The tribunal aims to lay a foundation for future legal proceedings and contribute to accountability for those held responsible for violations of international law.

The Role of Hamas in the Conflict

Hamas, which stands for “Harakat al-Muqawama al-Islamiya” (Islamic Resistance Movement), is a Palestinian Sunni fundamentalist organization established in 1987. Hamas emerged from the Gazan branch of the Muslim Brotherhood and aims to create an Islamic state in Palestine. The organization comprises both a political and a military wing. Since 2007, Hamas has been the ruling power in the Gaza Strip, having won the Palestinian legislative elections in 2006 and following a power struggle with Fatah.

Hamas is regarded as a terrorist organization by Israel, the United States, the European Union, and other countries. Over the years, the organization has carried out numerous attacks against Israel, including rocket assaults on civilian targets and suicide bombings. Hamas views armed resistance as the only means to defend Palestinian rights and end the Israeli occupation.

The British Colonial Legacy and the Origins of the Conflict

To understand the current situation, one must return to the British colonial period in Palestine. After World War I, Britain was granted the mandate over Palestine by the League of Nations. In the Balfour Declaration of 1917, the British government promised the establishment of a “national home” for the Jewish people in Palestine. This promise led to an increase in Jewish immigration to Palestine and escalated tensions with the Arab population.

British colonial policy created an environment of division and conflict. The British attempted to defend the interests of both the Jewish and Arab populations but failed to find a sustainable solution. These tensions resulted in violence and uprisings, ultimately leading to the establishment of the state of Israel in 1948.

The creation of Israel led to the Nakba, or “catastrophe,” during which hundreds of thousands of Palestinians were displaced from their homes and became refugees. This created a deep wound in Palestinian society and laid the foundation for the enduring conflict.

Hamas as a Product of Israeli Occupation Policies?

Some analysts argue that Hamas is, in part, a product of Israeli occupation policy. The organization arose in response to the Israeli occupation of the Gaza Strip and the West Bank. Israel’s hardline approach, the blockade of Gaza, and ongoing human rights violations have contributed to the radicalization of the Palestinian population and the rise of Hamas.

However, it is essential to emphasize that Hamas is not solely a reaction to the Israeli occupation. The organization also has ideological roots in the Islamist movement and seeks to establish an Islamic state.

Hegelian Dialectic and the Strategic Use of Contradictions: From Creating a Problem to Offering a Solution

The Hegelian dialectic, a philosophical concept developed by German philosopher Georg Wilhelm Friedrich Hegel, provides an interesting perspective on the Israeli-Palestinian conflict. Instead of discussing thesis, antithesis, and synthesis, we can distinguish the following steps:

1. Create a Problem: This is the phase in which a particular situation or tension is created or amplified. In the case of the Israeli-Palestinian conflict, this may refer to actions that lead to increased hostility and a sense of insecurity.
2. Control the Problem: This is the phase where the reaction to the created problem is monitored and manipulated. This can involve using the reaction to achieve specific goals, such as justifying military actions or strengthening one’s own position.
3. Offer a Solution: This is the phase in which a solution is presented that often serves the interests of the party that created and controlled the problem. This solution may be a façade that does not address the underlying issues but creates an illusion of progress.

Justifying Land Seizure and the Role of Narratives

The Hegelian dialectic, in the form of “Create a problem, Control the problem, Offer a solution,” plays a crucial role in shaping narratives that justify Israel’s actions. The narratives presented are often constructed in such a way that they portray Israel’s actions as necessary and defensive, while the complexity of the situation and the historical context are frequently ignored.

Create a problem: By portraying Hamas as an existential threat, a climate of fear and insecurity is created. The rocket attacks from Hamas and the alleged terrorist activities are amplified and used to mobilize the population and gain support for military actions.

Control the problem: The response to the threat from Hamas is managed by Israel, through military actions, the blockade of Gaza, and the expansion of settlements. These actions are presented as necessary measures to protect the population and ensure security.

Offer a solution: The “solution” presented is often a combination of military actions, diplomatic initiatives, and economic aid. However, these solutions frequently do not address the underlying causes of the conflict, such as the occupation, the blockade of Gaza, and human rights violations. The focus is often on Hamas’s rocket attacks and the alleged terrorist activities, while the consequences of the Israeli occupation, the blockade of Gaza, and the human rights violations are minimized or ignored. This leads to a one-sided representation of reality, where Palestinians are often depicted as the aggressors and Israel as the victim.

Conclusion: The Path to Justice and Peace

The situation in the Israeli-Palestinian conflict is complex and layered. The Gaza Tribunal represents a significant step towards justice and accountability. The tribunal’s establishment acknowledges the necessity of investigating war crimes and human rights violations and giving a voice to the victims.

The role of Hamas in the conflict cannot be viewed in isolation from the broader geopolitical dynamics and the historical context of colonialism. The British colonial legacy, the Israeli occupation, and the Hegelian dialectic in the form of “Create a problem, Control the problem, Offer a solution,” play a critical role in shaping the current situation.

It is essential to understand the various perspectives and interests to better grasp the situation. Only through a fair and balanced analysis of the facts can we hope for a just and sustainable resolution to the conflict. The path to peace requires acknowledging the rights and human dignity of both Israelis and Palestinians.

The international community must continue to strive for a just solution, where victims are heard and the responsible parties are held accountable. The Gaza Tribunal can play an essential role in this process. The real solution necessitates addressing the underlying causes of the conflict: ending the occupation, lifting the blockade of Gaza, and ensuring the human rights of all those involved.