Implications of Referring the Zionist Entity to the International Criminal Court for the Aggression on Gaza

Abstract

 

This research explores the role of the International Criminal Court (ICC) in prosecuting major international crimes under the Rome Statute, focusing on the 2023 Israeli military operations in Gaza and their legal and political ramifications. It examines the legal basis for referring Israel to the ICC, including jurisdictional challenges and Palestine's status as a member state, while analyzing the military operations within the framework of international humanitarian law, particularly concerning war crimes and the targeting of civilians and infrastructure. The study addresses the broader question of whether referring Israel to the ICC can achieve international justice or whether political and legal obstacles will hinder this process. It emphasizes the importance of documenting violations, addressing impunity, and strengthening the ICC's role in justice and peacebuilding. Recommendations include enhancing the ICC’s jurisdiction, ensuring transparent investigations, encouraging international support for its decisions, developing transitional justice mechanisms, and fostering cooperation with human rights organizations to uphold international law and accountability.