OnIsreal-Palestine-Justice

The Israel-Hamas War Exposes the Failure of International Justice

The ongoing war between Israel and Hamas in Gaza has resulted in a humanitarian catastrophe that has shocked and outraged the world. According to the article by Najib Jobain, Samya Kullab, Ravi Nessman and Matthew Lee from AP News¹, a massive blast rocked a Gaza City hospital packed with wounded and other Palestinians seeking shelter on Tuesday, killing hundreds of people. The Hamas-run Health Ministry blamed an Israeli airstrike, while the Israeli military said it was a misfired Palestinian rocket.

This tragic incident reveals the failure of international justice to prevent and punish war crimes committed by both sides in the conflict. Despite the existence of international institutions such as Human Rights Watch², International Court of Justice³, and International Criminal Court⁴, which are supposed to uphold human rights and international law, there has been little or no accountability for the violations committed by Israel and Hamas.

Human Rights Watch has documented numerous war crimes committed by both sides in the conflict, such as deliberate targeting of civilians, indiscriminate rocket attacks, hostage-taking, and targeting of hospitals and other vital infrastructure⁵. However, its reports and recommendations have been largely ignored or dismissed by both parties.

The International Court of Justice has issued advisory opinions on the legal consequences of Israel’s occupation of Palestinian territory and its construction of a wall in the West Bank⁶. However, its opinions are not binding and have no enforcement mechanism. Moreover, Israel does not recognize its jurisdiction and has refused to comply with its rulings.

The International Criminal Court has opened an investigation into the situation in Palestine since 2021, which covers alleged war crimes committed by both sides in the current and previous conflicts⁷. However, its investigation faces many challenges and obstacles, such as lack of cooperation from Israel and some other states, limited resources and capacity, political pressure and interference, and security risks for its staff and witnesses.

These international institutions have failed to deliver justice for the victims of war crimes in Gaza and Israel. They have also failed to deter further violations and violence by both sides. They have shown their weakness and ineffectiveness in dealing with complex and politicized situations. They have lost their credibility and legitimacy in the eyes of many people who suffer from injustice and oppression.

Therefore, I call for a radical reform of these institutions to make them more independent, efficient, transparent, and accountable. I also urge the international community to support their work and ensure their compliance with international law. I also appeal to both Israel and Hamas to respect human rights and international law and to end their hostilities immediately.

---

Works Cited

• Jobain, Najib et al. “Israel-Hamas War: Israel Bombs Gaza Where Civilians Sought Refuge.” AP NEWS, 2023¹.
• Human Rights Watch. “International Criminal Court.” Human Rights Watch, ².
• International Court of Justice. “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory.” International Court of Justice, 2004³.
• International Criminal Court. “Situation in Palestine.” International Criminal Court, ⁴.
• Human Rights Watch. “Israel-Hamas War: Humanitarian Aid Is Stuck at Gaza-Egypt Border.” Human Rights Watch, 2023⁵.
• International Court of Justice. “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory.” International Court of Justice, 2004⁶.
• International Criminal Court. “Situation in Palestine.” International Criminal Court, ⁴.