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Genocide, War Crimes And The International Criminal Court: A Case Study Of Israel-Palestine Conflict
Authors
Harshi Anand,Aashriti Gautam
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Keywords
War crimes, Genocide, Crimes Against Humanity, International Criminal Court (ICC), Israel-Palestine conflict, International Humanitarian Law
Abstract
The Israel-Palestine conflict remains one of the most enduring and complex disputes in modern international relations, marked by a long history of territorial contestation, population displacement, and cycles of violence. Amidst escalating tensions and repeated allegations of human rights abuses, the International Criminal Court (ICC) has emerged as a potential mechanism for legal accountability. This study investigates the role and effectiveness of the International Criminal Court in addressing serious international crimes--genocide, war crimes, and crimes against humanity--within the context of the Israel-Palestine conflict. The research begins by exploring the historical roots of the conflict, marked by colonial legacies, territorial disputes and repeated outbreaks of violence, particularly in Gaza and the West Bank. It examines how both Israeli military operations and Palestinian armed groups have been accused of violating international humanitarian law, resulting in civilian casualties, forced displacement, infrastructure destruction. The study focuses on the ICC's legal framework under the Rome Statute and its jurisdiction over crimes committed in Palestine following its accession to the ICC in 2015. It explores the complexities of prosecuting crimes in a politically sensitive and asymmetrical conflict, where powerful actors like Israel and the United States reject the Court's jurisdiction. The principle of complementarity, which requires the ICC to act only when national systems fail to prosecute, is critically assessed, particularly in light of claims that Israel's domestic investigations lack impartiality. Through a case study analysis, this study evaluates the ICC's progress, challenges, and limitations in investigating alleged atrocities committed by both Israeli forces and Palestinian groups. It draws comparisons with other ICC cases, such as Sudan and Ukraine, to highlight patterns of geopolitical influence and selective justice. Finally, the study contends that while the ICC promotes global accountability and deters impunity, its effectiveness is limited by political pressures and enforcement gaps. Legal tools alone are insufficient; long-term peace and justice in Israel-Palestine necessitate international cooperation, grassroots advocacy, and political solutions that address deep-seated inequalities. The study concludes with recommendations for reforming the ICC and improving its ability to handle complex conflicts.
IJCRT's Publication Details
Unique Identification Number - IJCRT25A4503
Paper ID - 283292
Author type - Indian Author
Page Number(s) - m805-m827
Pubished in - Volume 13 | Issue 4 | April 2025
DOI (Digital Object Identifier) -
No Of Downloads - 75
Author Country - India, 110049, New Delhi, New Delhi, 110049, Social Science All
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Harshi Anand,Aashriti Gautam, "Genocide, War Crimes And The International Criminal Court: A Case Study Of Israel-Palestine Conflict", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.13, Issue 4, pp.m805-m827, April 2025, Available at :http://www.ijcrt.org/papers/IJCRT25A4503.pdf
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