Is the conflict between Israel and Hamas-ruled Gaza between two belligerents, or is Israel facing an internal insurgency? The distinction is important for evaluating the legality of the blockade that Israel is determined to enforce to stop Hamas from receiving arms from countries like Iran, determined to wipe it from the map. Blockades on the high seas are lawful under customary international law, but only under certain conditions: one of them is that there be an armed conflict or state of war between the blockading and the blockaded party.

Is Israel in a state of war with Hamas-ruled Gaza? Israel would be loath to consider itself so, for that would be tantamount to acknowledging that Gaza is the equivalent of a legitimate belligerent with all attending rights and powers under international law.