مجلة آفاق للبحوث والدراسات
Volume 7, Numéro 2, Pages 161-176
2024-07-31

The Possibility Of The International Criminal Court Exercising Its Jurisdiction Over Israeli War Criminals In The October 2023 Gaza War.

Authors : Zeghichi Mostefa .

Abstract

The international community has been deeply saddened by the brutality of the massacres committed by the Israeli occupation against Palestinians in the Gaza War of October 2023. In response, there is necessity for an international legal mechanism embodying the concept of accountability. This study followed a descriptive-analytical approach, reviewing relevant international legal documents related to the topic and analyzing them. Our study employed a descriptive-analytical approach, thoroughly reviewing relevant international legal documents related to the topic and subjecting them to analysis. We posed a crucial question: Can the International Criminal Court exercise jurisdiction over the crimes committed by the Israeli occupation during the Gaza War of October 2023?. Our fundamental conclusion is that the massacres (atrocities) perpetrated by Israelis constitute serious violations of international humanitarian law and the Geneva Conventions of 1949. These actions potentially qualify as acts of aggression, war crimes, or crimes against humanity under Articles 5, 6, 7, and 8 of the Rome Statute. Consequently, the International Criminal Court has the authority to establish its jurisdiction and pursue Israeli criminals regarding these crimes.

Keywords

Keywords: War Crimes, Grave Violations, International Humanitarian Law, International Criminal Court.