In the context of Gaza, weaponization of humanitarian aid constitutes crimes against humanity because it is systematically committed as part of a widespread and systematic attack directed against the Palestinians in the enclave, intended to cause extermination or forcibly displace people.

Specifically, the denial of humanitarian access becomes a crime against humanity in situations where:

• Starvation is used as a method of warfare: Intentionally using starvation of civilians by depriving them of objects indispensable to their survival (including willfully impeding relief supplies) is prohibited under international humanitarian law and can be a war crime. When this is done as part of a widespread or systematic attack on a civilian population, it can also amount to a crime against humanity.

• Conditions of life are intentionally inflicted to cause destruction: Article 7(2)(b) of the Rome Statute of the International Criminal Court defines "extermination" as a crime against humanity, which includes "the intentional infliction of conditions of life, inter alia, the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population".

• Aid is used for forced displacement or ethnic cleansing: Using aid as a tool to forcibly displace people as part of a broader strategy may be considered a crime against humanity.

• Attacks on personnel and objects: Intentionally directing attacks against personnel or installations involved in a humanitarian assistance mission can constitute a war crime, and if part of a widespread or systematic attack against a civilian population, could potentially rise to the level of a crime against humanity.