The ongoing legal proceedings at the International Court of Justice (ICJ) and the International Criminal Court (ICC) regarding the Israel-Palestine conflict are progressing slowly, raising questions about justice for the situation in Gaza. In September 2023, a UN-backed independent commission of inquiry released a report concluding that Israeli authorities are committing genocide against the Palestinian population in Gaza. This report, which followed two years of investigation, asserts that Israel has deliberately inflicted conditions intended to destroy the Palestinians, in violation of international law.
The ICJ case, initiated by South Africa against Israel in late 2023, has encountered procedural hurdles typical of international law. Cases at the ICJ can take several years to reach a conclusion due to multiple stages involved, including provisional measures, preliminary objections, and the merits phase. Each stage requires written submissions and oral proceedings from the involved parties, allowing for due process.
In the South Africa v Israel case, Israel has already requested a six-month extension for its written submission, which is now due in January 2026. This delay suggests that a hearing on the merits of the case may not occur until as late as 2027. Such timelines can frustrate those seeking accountability, particularly in light of the urgent humanitarian crisis in Gaza.
The situation is similarly complicated for the ICC, which has been investigating potential crimes committed by both Israeli and Palestinian actors since March 2021. This investigation encompasses a range of alleged offenses, complicating the evidentiary process. The ICC operates differently than domestic courts, as it often deals with multiple charges against individuals, requiring a substantial amount of evidence to be collected, including documents, photographs, and testimonies from victims and witnesses.
Following the attack by Hamas on October 7, 2023, the ICC prosecutor expedited investigations, resulting in arrest warrants issued in November 2024 for Israeli Prime Minister Benjamin Netanyahu and then-Defence Minister Yoav Gallant. These warrants cite charges of crimes against humanity, including murder and persecution, as well as war crimes such as starvation. Arrest warrants were also issued for several Hamas leaders in connection with the October 7 incidents, although many remain elusive.
While the ICC stands ready to prosecute, it lacks a police force and relies on member states to arrest and surrender wanted individuals. This reliance has proven problematic, particularly in the case of Netanyahu, who has traveled to ICC member states without facing arrest. Recent developments, including Hungary’s announcement to withdraw from the ICC after hosting Netanyahu, highlight the political challenges facing the court.
The slow pace of both the ICJ and ICC proceedings underscores the complexities of international law and the substantial obstacles to justice. According to Melanie O’Brien, president of the International Association of Genocide Scholars, states must enhance their commitment to uphold international law, including the obligation to cooperate with international courts. This cooperation is crucial for expediting accountability for crimes committed in Gaza.
As these cases unfold, the international community watches closely to see if justice will be served for the victims of the ongoing conflict. The need for cooperation from states and a commitment to international legal obligations remains vital for the effectiveness of both the ICJ and ICC in addressing the grave issues at hand.
