Protecting the Environment during Armed Conflicts: A Comparative Legal Study between International and Islamic Law - The Case of Gaza
Publisher: Social Science Forum Journal
Author(s): Anas Tarawneh, Farhan Mohammad Alhusban, Razan Khasawneh, Saja Al-Najjar, Shahad Ahmed Fawzi, and Ali Najm Al Abdullah
Date: 2026
Topics: Protection and Access to Justice, Renewable Resources, Weapons, Waste, and Pollution
Countries: Israel, Palestine
Abstract In this study, the authors explore how the destruction of natural resources has been a central element of the current armed conflict in the Gaza Strip, and how it has been systematic and intentional, focusing on the damage done to the natural resources, namely groundwater, agriculture land, and air quality. The research covers military operations from 2008 to 2023, when the use of banned weapons (including white phosphorus) has led to extreme ecological damage, which has been exacerbated by the blockade and political division. The study's descriptive, analytical, and comparative methodology is complemented by using principles and concepts of Islamic law, such as stewardship (khilafah) and the prohibition on corruption (fasād), as well as by practical practices like the traditional Himā system. The results show that there are clear gaps in the implementation of international legal instruments, but Islamic law provides clear ethical and environmental principles which, however, are less institutionally applied. The study recommends a blended legal approach combining international law and Islamic law principles to improve protection of the environment in times of armed conflict. Some key recommendations are the formation of safe environmental zones, setting up an international compensation fund, and the active involvement of the community through local fatwas, awareness campaigns and civil society organizations. The study also urges the recognition of ‘environmental genocide' as an international crime and suggests that interdisciplinary approaches to cross-border pollution, climate justice and restoration of environmental systems in post-conflict contexts are needed. This study intends to create a connection between the legal and religious aspects, ultimately re-introducing morality in the environment and securing the people of Gaza's rights to life, land and dignity.. Keywords: Gaza, environmental genocide, international humanitarian law, Islamic environmental jurisprudence, stewardship, safe environmental zones, environmental justice.