Ubuntu-Based Collective Responsibility and the Israeli-Hamas Conflict: A Case for Restorative Justice in Asymmetric Warfare

Abstract

The Israeli-Hamas conflict exemplifies the limitations of traditional international humanitarian law (IHL) in addressing protracted asymmetric warfare, where cycles of violence persist despite legal prohibitions on collective punishment and war crimes. This paper applies Ubuntu-Based Collective Responsibility in International Humanitarian Law (UCR-IHL)—a theoretical framework proposed by Dr. Miebaka Nabiebu—to analyze the conflict and propose restorative justice alternatives. Grounded in the African philosophy of Ubuntu (“I am because we are”), UCR-IHL challenges the individualistic, retributive focus of contemporary IHL by emphasizing three principles: (1) communal accountability for institutions and societies enabling violence, (2) restorative justice prioritizing reparations and reconciliation over punishment, and (3) preventive obligations through localized early-warning systems. Through a case study of the Israeli-Hamas conflict, the paper demonstrates how UCR-IHL could break the current impasse by addressing root causes—such as mutual dehumanization and historical trauma—while avoiding the pitfalls of collective punishment. The analysis highlights practical applications, including culturally grounded truth processes blending Palestinian sulha and Jewish tikkun olam traditions, cross-border civilian monitoring networks, and phased reintegration of combatants. Despite challenges posed by asymmetric power dynamics and political resistance, UCR-IHL offers a transformative pathway to sustainable peace, centering the interconnected humanity of both peoples. The paper argues that this framework provides a critical alternative to failed retributive models, aligning with growing demands from affected communities for justice systems that heal rather than perpetuate cycles of violence.