GAZA CRISIS: ICC’S ARREST WARRANTS AND THE QUEST FOR ACCOUNTABILITY

Abstract

The International Criminal Court (ICC) issued arrest warrants for Israeli and Hamas leaders amid the Gaza crisis, sparking international reactions. The warrants followed Hamas' "Operation al-Aqsa Flood," based on self-determination rights, and Israel's "Operation Iron Swords" against Hamas in Gaza in October 2023. This led to hostage taking, civilian murders, and inhumane treatment of captives. The humanitarian crisis worsened with civilian casualties from airstrikes and ground operations. The ongoing violence raises questions about international law and ICC's authority to issue arrest warrants. The Prosecutor of the ICC is authorized to seek arrest of warrants on suspects of war crimes and crimes against humanity based on Articles 12(2)(a)(b), 13(c), 15(1)(3) and 58 of the Rome Statute. This article explores the legal positions of Israel and Palestine, the jurisdiction of the ICC, and the Prosecutor's role in ensuring justice and accountability. It also addresses the crimes committed in Gaza, the evidentiary standards required for the ICC to issue warrants, political tensions, and the lack of cooperation from governments, along with geopolitical factors and accountability challenges stemming from global polarization. Despite these considerable challenges, the ICC's efforts are vital for securing justice for the victims in Gaza. Thus, it underscores the urgent need for major changes in the global justice system.