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

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.

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Publication Details

Journal
Journal of Humanities and Social Sciences Research
Published
2024-12-29
DOI
https://doi.org/10.33687/jhssr.003.05.0424
Primary Topic
Jewish and Middle Eastern Studies
Type
article
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article

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

Fayez Hijazi
Journal of Humanities and Social Sciences Research
Jewish and Middle Eastern Studies
article

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

Fayez Hijazi
article en

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.

Journal of Humanities and Social Sciences ResearchVol. 3(5)
Islamic University of Lebanon (LB)
Openalex Percentile: Top 55%
Jewish and Middle Eastern Studies
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Implications of Referring the Zionist Entity to the International Criminal Court for the Aggression on Gaza — Fayez Hijazi · Journal of Humanities and Social Sciences Research (2024) | TGRS Research Map | TGRS