In part 1 of this series, we outlined how international law applies to Gaza, starting with the foundational principles of international law and the protections it’s meant to provide for civilians. We also examined the violations of these laws currently happening in Gaza. In this part, we will take a closer look at how the current international legal system has failed the people that it was created to protect.
The International Criminal Court (ICC), established in 2002 by the Rome Statute, to hold the guilty accountable for the world’s worst crimes. The court is meant to prosecute individuals for war crimes and crimes against humanity. Palestine has been a member of the International Criminal Court since 2015. However, Israel refuses to join, let alone recognize the ICC’s jurisdiction. Palestine has submitted multiple claims of war crimes to the ICC. However, formal prosecutions have yet to move forward, due to delayed and weak investigations and political involvement of powerful allies.
Under the Fourth Geneva Convention, the intentional restriction of humanitarian aid is prohibited. UN experts have reported that Israel has used siege tactics such as blocking food and aid. According to the United Nations and various other humanitarian organizations, on October 9th, 2023, Israel placed a total blockade on Gaza, cutting off all humanitarian aid from entering the strip. Less than a year later, on October 6th, 2024, Israel once again blocked the entry of all food, water, and medical supplies as they continued ethnically cleansing Northern Gaza. Most recently, on March 2nd, Israel stopped the flow of all humanitarian aid. According to UNICEF, due to this recent blockade, more than 60,000 children are at risk of complications due to malnutrition. This is a serious breach of international law.
Following the mass displacement of Palestinians in 1948, many have lived as refugees just miles from the towns that were once the home of their families. Under the UN General Assembly Resolution 194, those displaced have a right to return or be compensated. However, that right has been denied for decades. According to the UN Office for the Coordination of Humanitarian Affairs, people in Gaza are being forcibly displaced due to airstrikes, evacuation orders, and unbearable living conditions. Leading humanitarian organizations have warned that these displacements could amount to crimes against humanity.
As international legal bodies struggle to enforce their principles, global awareness and advocacy are crucial for accountability. For those interested in learning more, trusted humanitarian organizations such as the United Nations and Doctors Without Borders provide consistent updates on this topic.
References:
https://www.cfr.org/backgrounder/role-icc
https://www.un.org/unispal/about-the-nakba/
https://www.unrwa.org/content/resolution-194
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