Abstract
This researched paper is an exposure of key legal challenges facing the international criminal justice framework and its effectiveness in the 21 st Century. The Arab-Israeli war, Israel Palestinian War, Israel-Hamas War, Israel versus Islam nations in the Middle East, have been historical events whose legal solution appear always to be dwindling with time. It is in the interest of the author to open up some of the critical problematic questions under discussion by international lawyers and diplomats about the atrocities going on in the Middle East region and especially in Palestine and Israel. However, the article does not give an illusion of an immediate legal solution to the problem that has been affecting many civilians, civilian populations with their objects being destroyed with impunity. It is noted that the hostilities taking place in the Gaza Strip and the entire region present a very delicate situation in the development of international criminal justice system. It is in the interest of the article to provide points for intellectual considerations before making conclusions. You can download the entire research.
Highlights
The genesis of armed Conflicts between Israel and Palestine can be traced back many decades before the establishment of the International Criminal Court (ICC) in 2002
As already clearly stated in the preamble of the Rome Statute such grave crimes threaten peace, security and the well-being of the world.7The Court was established to deal with war crimes, crimes of aggression, genocide crimes and, inter alia, the impunity
Can the ICC legally bring the perpetrators of the violence involving civilians and armed forces in Gaza Strip to international criminal adjudication process? 12 Is the international criminal justice applicable and does the court really have jurisdiction over the on-going conflicts in the Strip of Gaza? Do the States concerned recognise the jurisdiction of the ICC?
Summary
The genesis of armed Conflicts between Israel and Palestine can be traced back many decades before the establishment of the International Criminal Court (ICC) in 2002. It is in order to question the admissibility of crimes caused by adverse hostilities and use of aggression in the Gaza Strip and Israel pursuant to the existing international law.[19] Rome. Another condition is on the jurisdiction of the Court over the territory where the crime has occurred.[22] This challenge shall only be addressed by statehood of Palestine and whether it is unable or unwilling to prosecute It is questionable whether the alleged heinous crimes committed in Gaza are within the jurisdiction of the ICC or not?23 In case this does not work, and the States concerned do not have judicial capacity or are reluctant (not willing) to. Investigate, and prosecute the perpetrator/s, the other cause for action shall be within the powers of the Office of the Prosecutor
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