The Crime Of Aggression And International Criminal Accountability In The Israel–Hamas Conflict: A Legal Analysis Of The Gaza Conflict
- IJLLR Journal
- 5 days ago
- 2 min read
Gaurik Kaushik, O.P. Jindal Global Law University
ABSTRACT
Investigating possible violations of international criminal law by Israeli governmental and military authorities during the ongoing Israel–Hamas conflict is the central focus of this research. The confrontation between Israel and Hamas in Gaza has raised serious concerns regarding alleged war crimes and breaches of international criminal law. The International Criminal Court (ICC) provides a potential mechanism for prosecuting individuals where applicable jurisdictional and evidentiary requirements are satisfied. At the same time, its Office of the Prosecutor continues to examine the Situation in the State of Palestine. Further, Human rights organisations have also raised concerns regarding alleged violations of international humanitarian and human rights law, highlighting the need for effective protection of civilian populations and compliance with international legal obligations. Although existing literature has examined alleged violations arising from the conflict, a research gap remains in integrating the applicable legal framework with an assessment of the jurisdictional and accountability limitations of international institutions, particularly the ICC.
Accordingly, this study aims to examine alleged violations under the Rome Statute, the Geneva Conventions and international humanitarian law, and to assess the effectiveness of existing international accountability mechanisms. It addresses whether the parties' conduct complies with international criminal law, what legal consequences may arise from alleged international crimes, and how the ICC and other international institutions respond to such violations. “The research adopts a qualitative methodology, combining doctrinal legal research, a literature review, and discourse analysis of publicly available sources, focusing on the Geneva Conventions, the Rome Statute, international humanitarian law, civilian protection, and alleged attacks on healthcare facilities and demonstrates the need for impartial investigation, protection of civilians and humanitarian personnel, effective humanitarian assistance, and strengthened international accountability. The study concludes that international institutions and policymakers should strengthen legal and institutional mechanisms to address alleged violations while ensuring that accountability is pursued impartially and consistently with established principles of international law.
Keywords: International Criminal Law, International Humanitarian Law, Israel–Hamas Conflict, Israel, Hamas, Palestine, Gaza, International Criminal Court, War Crimes, Crimes Against Humanity, Accountability.
