The Geneva Conventions are considered the core of international humanitarian law. The Fourth Geneva Convention was inspired by the war criminals of the Nuremberg Trials and first adopted in 1949. It reaffirmed the prior three treaties and added many new terms, including the protection of civilians during wartime.

An occupying power is obliged to follow the 1949 Fourth Geneva Convention, which seeks to protect the civilian population. The Security Council held in 1979 that the Fourth Convention applies in the territories captured by Israel in 1967, including Gaza.

Israel argues that it is not obliged to help a "hostile" territory beyond whatever is necessary to avoid a humanitarian crisis. Statements from officials within the Israeli government provide shocking insight into what it considers to be legitimate humanitarian crisis. An Israeli government official had this to say about the illegal sanctions forced on Gaza:

"the idea is to put the Palestinians on a diet, but not to make them die of hunger". Dov Weisglass, Prime Minister Sharon's bureau Chief, 2006

It is this contempt for Palestinian life that is at the core of Israel's ability to act with impunity towards innocent civilians, and underscores the validity of the argument that the siege is not only deliberate, but a clear violation of the Fourth Geneva Convention.  Israel has further argued that the Geneva Convention only applies to conflicts between sovereign states, and is thus exempt from its duty of care to the civilian population of Gaza. This ludicrous position is in complete contradiction to the 1977 amendment to the Geneva Conventions protocols. Protocol II of the Geneva Conventions extends a set of minimum humanitarian protections to victims on non-international armed conflicts in order to address this exact argument. The amendment resulted in Common Article 3, which can be summarized as follows:

• Persons taking no active part in hostilities should be treated humanely (including military persons who have ceased to be active as a result of sickness, injury, or detention).
• The wounded and sick shall be collected and cared for

The existing Gaza Siege is explicitly prohibited under Articles 55 and 56 of the Fourth Geneva Convention, Section III: Occupied territories. The language of Article 55 and 56 is unambiguous - occupying forces have a duty of care to the occupied population including the adequate provision of the basics of life including food and medical supplies.  Common Article 3 of the Geneva Conventions extends the humanitarian principles of Articles 55 and 56 to non-states as well.

Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.

Article 3

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
• violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
• taking of hostages;
• outrages upon personal dignity, in particular humiliating and degrading treatment;
• the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

Article 55

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate. The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods. The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements..

Article 56

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties. If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21. In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory.