Protecting Education in Conflict Zones: Legal Obligations and the Crisis in Gaza

A Brief History of International Education Law

The fundamental right to education is engrained in the Universal Declaration of Human Rights (UDHR) adopted in 1948. It outlined the right that children have to elementary education, which was reinforced in future documents such as the UNESCO Convention against Discrimination in Education, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the European Convention on Human Rights and Fundamental Freedoms. These international treaties outline the fundamental right of children to access education. International humanitarian law and declarations from the United Nations extended the right to education to protect facilities, teachers, and older children. 

The United Nations Office of the Special Representative of the Secretary-General for Children and Armed Conflict lists attacks on schools and hospitals as one of the six grave violations identified and condemned by the UN Security Council. The Special Representative uses key legal sources as the foundation for the mission to protect children affected by armed conflict.

The obligation to protect children during armed conflict stems from customary rule 135 of International Humanitarian Law, which states, “Children affected by armed conflict are entitled to special respect and protection.” According to Article 48 of Protocol I of the Geneva Conventions, “the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.” This explicitly enforces the need to protect civilian objects such as schools prohibiting any military operation from being directed at these areas. In 2011, Security Council Resolution 1998 reinforced the need to “refrain from actions that impede children’s access to education and to health services” while urging member nations to cease attacks on schools and protect people in these areas. 

Detrimental Effects on Education in the Conflict Zone of Gaza

According to the United Nations Relief and Works Agency (UNRWA) and the Occupied Palestinian Territory Ministry of Education, the conflict in Gaza has severely affected the right to education of 625,000 students. From October 2023 to July 2024, almost all school buildings have been completely or partially destroyed, stripping away essential facilities for students to study in. In addition, over 10,000 children and 400 teachers have been killed in attacks while thousands more have been injured. This has led to a complete halt in classes as there are no safe facilities for students and teachers.

Due to COVID-19 and the current conflict in Gaza, children have lost at least 14 months of schooling which is equivalent to two academic years. In the worst-case scenario, children in Gaza will lose almost 4 to 5 years of education if the war continues. This would imply that their basic literacy and numeracy skills will be completely lost. Meanwhile, even the best-case scenario estimates that children will lose 2 to 3 years of education making it difficult for them to achieve proficiency in basic skills. These consequences are compounded by the psychological trauma that impacts well-being, learning, and cognitive development. 

Denial of education has also negatively impacted the well-being of Palestinian children. The psychological burden of war and the destruction of schools leave many children in Gaza under high emotional distress. It was reported that more than half of the children in Gaza contemplated suicide, while three in five were prone to self-harm. While lack of education hinders cognitive abilities, the psychological effect is also undeniable as it perpetuates the risk of mental illness and negative thoughts. Many Palestinian children feel neglected and hopeless as their aspirations for the future seem distant without any way of accessing education safely.

Legal Obligations to the Protection of Education in Gaza

Although international treaties and laws exist to prohibit the destruction of education to children during wartime, they are not as heavily reinforced failing to achieve the goal of global harmony. The education system in Gaza has come to a halt, preventing children and teachers from prospering in a safe and undisturbed environment. 

One possible solution for international law protecting education to be enforced more strictly is collaborating with humanitarian aid organizations. For example, the International Committee of the Red Cross (ICRC) has engaged in dialogue with armed groups to move them away from schools. This approach moves military checkpoints, outposts, and activity away from school routes encouraging safer access to education for children. Other organizations like the Global Coalition to Protect Education from Attack (GCPEA) have worked on comprehensive reports aimed at educating policymakers and diplomats on the urgent need to protect education.

Another solution hinges on following existing international education law while implementing the Safe Schools Declaration and Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict. Governments need to monitor their military operations to ensure education is protected. This means that international institutions need to scrutinize attacks on education and hold actors responsible for violations of international law promptly.

The sanctity of international law must be maintained for the future well-being of Palestine and education as a whole. International education law has prohibited attacks on schools and children. Yet, the recent conflict in Palestine has shown that significant damage has already been done to the education system. Education in conflict zones must be protected with the help of international law and nongovernmental organizations.

Image Source: New York Times