A STUDY ON THE PROBLEMS FACED BY THE INTERNATIONAL CRIMINAL COURT IN EXERCISING ITS JURISDICTION AGAINST THE PROSECUTION OF INTERNATIONAL HUMANITARIAN CRIME WITH SPECIAL REFERENCE TO THE ISRAEL - GAZA WAR (original) (raw)
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Admissibility Clause-Dilemma Facing the ICC and the Concern of War in the Gaza Strip
This researched paper is an exposé of key legal challenges facing the international criminal justice framework and its effectiveness in the 21st Century. The Arab-Israeli war, Israel Palestinian War, Israel-Hamas War, Israel versus Islam nations in the Middle East, have been historical events whose legal solution appear always to be dwindling with time. It is in the interest of the author to open up some of the critical problematic questions under discussion by international lawyers and diplomats about the atrocities going on in the Middle East region and especially in Palestine and Israel. However, the article does not give an illusion of an immediate legal solution to the problem that has been affecting many civilians, civilian populations with their objects being destroyed with impunity. It is noted that the hostilities taking place in the Gaza Strip and the entire region present a very delicate situation in the development of international criminal justice system. It is in the interest of the article to provide points for intellectual considerations before making conclusions. You can download the entire research.
Within international law, there should be a system whereby states as well as individuals breaching norms of international criminal law be punished. This is where the concept of international criminal justice comes, which requires states to ensure accountability for the act committed by individuals under their control. The first section of the essay deals with status of the Israel's occupation of Palestinian territory in accordance with international law and the obligations imposed by international criminal law. The second part of the essay briefly focuses on recognition of Palestine as a permanent state which is relevant for the purpose of ascertaining situation of international armed conflict between Israel and Palestine. Third section is the most significant part of this essay which deals with the accountability aspect under international criminal law. Focus will be on the international responsibility of states and individuals with respect to international humanitarian law and ICC statute. It will be followed by the legal consequences of such acts and a discussion on the jurisdiction of ICC and other states in light of 'universal jurisdiction'.
On international law and Gaza: critical reflections
London Review of International Law, 2024
As Israel’s assault on Gaza continues into its tenth month, the language of legality has become the dominant frame of popular and political discourse. Public interest in the International Court of Justice (ICJ) and its proceedings is at a level perhaps never seen before; so too in the International Criminal Court (ICC), its Prosecutor at once urged to act and condemned for inaction, his recent request to judges for the issuing of arrest warrants both celebrated and damned. International law has emerged as the global vernacular of both condemnation and legitimation; few commentators today speak of Gaza or Palestine without invoking the language of il/legality. What are we to make of this groundswell of interest in and resort to international law? What is the significance of the current series of ICJ proceedings and popular engagements with them? How should we think about the clamorous championing of The Hague and its institutions as the harbingers of justice? The editors of the London Review of International Law invited our advisory editors and others in the academic community of critical scholars to reflect on these questions.
International Responsibility of the Israeli Aggression on Gaza Strip in 2014
PEOPLE: International Journal of Social Sciences, 2019
On 8 th July 2014, the Israeli occupation commenced a military operation against the Gaza Strip. This offensive lasted 50 days, between 8 th July to 28 th August 2014. During this period, the Israeli military committed many international crimes, which killed thousands of Palestinian civilians, destroyed thousands of civilian objects, and caused a humanitarian crisis in the Gaza Strip. This paper will discuss the effects of the Israeli operation on the Gaza Strip. This paper also seeks to detail the crimes committed by Israeli military during its aggression upon the Gaza Strip in 2014. We examine the international responsibility of the Israeli Aggression in the context of international law, and mainly used analytical and library research to realize this. The rules of international law in general, and international humanitarian law in particular, were utilized in this study to elucidate the legal descriptions. It was confirmed that the Israeli occupation committed war crimes, crimes against humanity, and genocide during the course of their aggression. There are problems in the International Criminal Court (ICC) proceedings, which may prevent the Israeli military from facing a trial. We intend to provide alternative to trials, due to the perceived ineffectiveness of the ICC.
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