— by Ruth Thomas William —
The International Criminal Court (ICC) has a tough job. It is all about making countries accountable for serious crimes. Their success depends on global support for fair and independent justice. On October 29, 2023, ICC prosecutor Karim Khan spoke at the Rafah border between Gaza and Egypt. Earlier that month, on October 7, Hamas and other groups entered Israel. They killed around 1,200 people, mostly civilians, and took over 230 hostages. These actions are war crimes. In retaliation, Israel launched a major airstrike campaign in Gaza. They cut off water and electricity, blocking most aid and fuel. This kind of punishment is also a war crime with no excuse. In 2024, the ICC continues to engage with the issues in Gaza, a place struggling with ongoing conflicts and human rights problems.
ICC’s Involvement in the Gaza Conflict
The ICC is trying to bring justice to civilians in Gaza. On November 21, 2024, it issued an arrest warrant for Mohammed Diab Ibrahim Al-Masri, known as ‘Deif’. He leads Hamas’s military wing and faces charges of murder, torture, and sexual violence. The warrants also extend to Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for similar crimes committed after October 2023. Israel argues that the ICC has no jurisdiction, claiming it is not part of the Rome Statute and that Palestine is not a sovereign state. Still, the ICC rejected Israel’s challenges and moved forward with arrest warrants. These warrants represent a big moment. It is the first time a sitting leader from a major Western ally has faced war crime accusations from a global court. The ICC believes there are good reasons to think Netanyahu and Gallant are responsible for war crimes like starvation and murder. The conflict has caused massive destruction in Gaza. Many people have lost their homes, and most rely on aid to survive.
Challenges for the ICC in Gaza; the ICC’s work in Gaza faces many hurdles
It is not just about law; politics play a big role too. Countries, especially the U.S., have their interests in Israel, and both the U.S. and Israel have pushed back against the ICC’s actions. Critics say the ICC is inconsistent in handling various conflicts, which hurts its credibility. Some think it responds better to issues in other regions compared to Palestine. Political pressures from both Israel and Hamas complicate matters further. Israel does not recognize the ICC’s authority, and Hamas is not cooperating. This makes it tough for the ICC to build strong cases and hold people accountable. Limits on what they can investigate also, disrupt their work. So can the ICC bring justice for the people in Gaza? Will they be able to enforce the arrest warrants for Netanyahu and Gallant? Only time will reveal the next steps.
Sources
Le Monde. (2024, June 22). Ukraine and Gaza: Highlights of Karim Khan’s term at the helm of the ICC. Retrieved January 12, 2025.
Associated Press. (2024, November 22). Middle East latest: ICC issues warrant for Israel’s Netanyahu as Gaza death toll soars past 44,000. Retrieved January 12, 2025.
International Criminal Court (n.d.). ICC and the situation in Palestine. Retrieved January 12, 2025, from https://www.icc-cpi.int.
Amnesty International. (2021). Israel/OPT: Historic ICC ruling brings hope for victims of crimes under international law. Retrieved January 12, 2025, from https://www.amnesty.org.
