The emergence of armed groups in the absence of security institutions in Gaza: a study in light of the rules of international law

Abstract

This study examines the phenomenon of the emergence of armed groups in the Gaza Strip خلال الفترة 2023–2025 in the context of the weakening and collapse of security institutions as a result of the war, and the accompanying transformation of the conflict from a traditional binary pattern into a multi-actor environment involving armed groups with diverse political and functional agendas. The study seeks to document these newly formed groups, including those opposing the de facto authority as well as those associated with securing aid, while analyzing their organizational structures and internal and external linkages. It also addresses the legal classification of these groups under the rules of international humanitarian law, with a focus on the criteria distinguishing lawful combatants from groups of a criminal nature. In addition, the study examines issues of legal responsibility, particularly the responsibility of Israel as an occupying power with respect to maintaining public order, preventing looting, and ensuring the protection of civilians. The study concludes that the proliferation of armed actors has contributed to the erosion of civil peace and the fragmentation of political decision-making, thereby necessitating the strengthening of international accountability mechanisms and the regulation of the use of force within a unified national legal framework.