The Effectiveness of the International Criminal Court in Addressing International Crimes Committed in Gaza Under U.S. Pressure

Abstract

Abstract: This study examines the effectiveness of the International Criminal Court (ICC) in addressing international crimes committed in Gaza since October 2023, with particular focus on the challenge of holding a non-State Party to the Rome Statute (Israel) accountable for conduct occurring on the territory of a State Party/accepting jurisdiction (Palestine). It discusses how the ICC’s treaty-based nature and the relative effect of treaties generate practical enforcement limits, especially where non-parties refuse to cooperate or to execute arrest warrants. The study further clarifies the legal basis for the Court’s jurisdiction in the Palestinian situation, the available triggers for proceedings, and the role of the Office of the Prosecutor, highlighting how individuals may be subject to prosecution regardless of nationality when jurisdictional requirements are met. Substantively, the study analyses the legal characterisation of conduct in Gaza under the ICC’s core crimes—war crimes, crimes against humanity, and genocide—explaining the elements of each crime and key evidentiary thresholds, particularly the special intent required for genocide. It then assesses the impact of U.S. pressure on the Court’s effectiveness from two angles: first, legitimacy and deterrence, as political and punitive pressure may reduce the deterrent effect of accountability efforts by framing the Court as politicised; second, victims’ rights, where sanctions-based measures or threats may create a chilling effect on witnesses, intermediaries, and supportive environments for investigations, affecting evidence collection, procedural continuity, and victims’ confidence in international justice. The study concludes that the ICC’s effectiveness in the Gaza context depends not only on the soundness of legal jurisdiction, but also on sustained international support and enforcement cooperation to safeguard judicial independence and reduce impunity. © 2023 TUJR, College of Law, Tikrit University