gswith
icon Login Ask
Closed No Answers

What are the international laws that apply to the Israel-Hamas war and can the ICC prosecute

Discuss the international laws that are relevant to the Israel-Hamas war and explain whether the International Criminal Court (ICC) can prosecute the parties involved.
icc
  • International Humanitarian Law (IHL): This body of law applies to armed conflicts and provides rules on protecting civilians, prisoners of war, and other non-combatants. It prohibits targeting civilian populations, indiscriminate attacks, and the use of certain weapons.
  • International Human Rights Law (IHRL): It applies during armed conflicts and peacetime, ensuring the protection of fundamental human rights. It prohibits torture, extrajudicial killings, and other abuses.
  • UN Charter: It prohibits the use of force, except in self-defense or when authorized by the UN Security Council. It emphasizes peaceful resolution of disputes.
  • Rome Statute: The ICC is governed by this treaty. It prosecutes individuals for grave crimes, such as war crimes, crimes against humanity, and genocide. However, the ICC's jurisdiction is limited, as Israel is not a party to the Rome Statute, and Palestine's status is subject to debate.
Although the ICC can only prosecute crimes committed on the territory of states that are party to the Rome Statute or referred by the UN Security Council, Palestine lodged a declaration accepting the ICC's jurisdiction. As a result, the ICC has opened an investigation into alleged crimes committed in the Palestinian territories, including during the Israel-Hamas conflict. However, it should be noted that the jurisdiction and legal implications remain subject to legal and political debates.
Answered a year ago
Rahul Preparing for Civil Services