For peace to prevail in Gaza and other Palestinian areas in the Middle East, justice needs to be supported. There are international laws applicable to activity of states and individuals in the Occupied Palestinian Territories (OPT) that come from the International Court of Justice (ICJ) and the International Criminal Court (ICC). These laws have bearing on the conflict in Gaza, the application of International Humanitarian Law (IHL), the possibility of a permanent ceasefire, and hopefully a lasting peaceful solution to the Israel / Palestine conflict in the Middle East.
The October 7, 2023 attack by Hamas
Members of Hamas, the political organization representing Palestinians in the Gaza Strip, attacked Israeli soldiers and civilians on October 7, 2023. Over 1200 people died during the initial attack. Over 230 hostages were abducted to Gaza.
Aftermath of the attack
Apart from brief interrupted ceasefires, Gaza had been under bombardment by Israel for 15 months. Now, the slaughter has moved to the West Bank. Over 300,000 Palestinians have likely been killed in Gaza over the past year. During this latest phase of ceasefire, humanitarian aid to the civilian population is still slow, due to the destroyed infrastructure and continued Israeli interference despite the ceasefire. Hospitals, schools, mosques, churches, aid workers, medical personnel and the press have all been targeted, and all the universities have been destroyed. As of February 20th, 2025, at least 170 journalists and media workers have been killed. Journalists, being civilians, are allegedly protected by international law.
Legal action taken against Israel for genocide in Gaza
South Africa led other UN member states in accusing Israel of plausible genocide against Palestinians in the Gaza Strip in the case it submitted to the International Court of Justice (ICJ), December 29th, 2023.
Israel has no legal argument of a right to self defense
In the first day of ICJ hearings, January 11, 2024, which was intentionally not broadcast by the major media networks, the judges at the ICJ made it clear that an occupying force does not have a right to defend itself from the people it occupies. Rather, those who are invaded have a right to defend themselves from the occupier.
Although the court ordered Israel to take all measures to prevent any acts contrary to the 1948 Genocide Convention, no measures were taken.
Israel found to be in violation by the International Court of Justice (ICJ)
In July of 2024 the ICJ concluded that Israel’s occupation and annexation of the Palestinian territories are unlawful, and its discriminatory laws and policies against Palestinians violate the prohibition on racial segregation and apartheid.
The ICJ mandated Israel to end its occupation, dismantle its settlements, provide full reparations to Palestinian victims and facilitate the return of displaced people. This has not happened.
The International Court of Justice (ICJ) is a court for nations
The ICJ is colloquially referred to as the World Court and was formed by the United Nations Charter as the principal judicial organ of the UN. When a nation is thought to violate international law, it can be taken to the ICJ by other nations. The ICJ is located in the Peace Palace in The Hague, Netherlands. All 193 member states of the United Nations are parties to the ICJ Statute.
Chapter XIV of the United Nations Charter authorizes the UN Security Council (UNSC)to enforce Court rulings. Such enforcement is subject to the veto power of the five permanent members of the UNSC.
Gaza ceasefires repeatedly shot down at the ICJ by the USA using its UNSC veto
The USA, as a permanent member of the United Nations Security Council, has repeatedly used the veto power to block peace efforts in Gaza. Multiple UN resolutions calling for ceasefires in Gaza have been halted due to the USA using the UNSC veto.
Another world court: the International Criminal Court (ICC)
When individuals commit international crimes such as war crimes, genocide, crimes against humanity and the crime of aggression, they are tried and possibly convicted and incarcerated by the International Criminal Court in The Hague, Netherlands. This is where the “Nuremberg Trials” of WWII Nazis would be held today. Operating independently of the UN, the International Criminal Court is an intergovernmental organization and international tribunal. It is a permanent court with jurisdiction to prosecute individuals from around the world for violations of International Humanitarian Law (IHL). The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute, the ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights.
Arrest warrants have been issued by the ICC for Benjamin Netanyahu and others
The ICC has issued arrest warrants, November 21, 2024, for the Prime Minister of Israel, Benjamin Netanyahu and his former Defense Minister, Yoav Galant as follows:
Allegedly responsible for the war crimes of starvation as a method of warfare and of intentionally directing an attack against the civilian population; and the crimes against humanity of murder, persecution, and other inhumane acts from at least 8 October 2023 until at least 20 May 2024.
Hamas operatives who have since been killed were also sought for trial.
Failure of the ICJ to uphold and enforce findings against Israel
Multiple UN resolutions attempting to hold Israel accountable for repeated and ongoing violations of IHL have failed due to the UNSC blocking vote of the USA.
When a resolution is passed by the UNSC, there is no enforcement capability. For example, settlements of Israel in occupied territories continue, even though they were found to be in violation of international law in 2016 per UNSC Resolution 2334.
The right of return of displaced refugees also has never been enforced. Israel has never been held accountable for its violations of international law.
Open defiance by the USA toward international courts
Moreover, the USA in 2002 enacted an “Invade the Hague” law to free military personnel and any elected officials imprisoned in the Hague, in outright defiance of international law, and purportedly in favor of nationally derived justice and Constitutional compliance.
The system of international justice is incomplete and flawed. The USA fails to consistently and impartially uphold international law.
Israel has a history of violations of international law
Is it surprising that Israel acts with impunity and disregard for international law when it has dozens of resolutions condemning its actions with no follow-up whatsoever regarding cessation, punishment and remedy? As of 2013, the State of Israel had been condemned in 45 resolutions by the United Nations Human Rights Council (UNHRC).
Even if a resolution gets past the UNSC gauntlet there is no mechanism guaranteeing its enforcement.
The USA is supplying weapons to a nation accused of genocide
The USA has continued to transfer weapons of great destruction to Israel (including 2000 lb bunker-buster bombs used on a civilian population), despite a case of plausible genocide being brought to the ICJ by multiple state parties. These transfers are in violation of international law and federal Leahy laws which prohibit, among other things, transfers of weapons to regimes that target and kill civilians.
State Department members quit so as to not be complicit in genocide
Members of the U.S. State Department under the Biden administration resigned in protest of administration policy, and in concern for not wanting to be found complicit in genocide. Perhaps the most notable of these is Josh Paul, a now former director in the US State Department’s Bureau of Political-Military Affairs.
A peace activist can support IHL on social media by sharing the truth
It has been said that the first casualty in war is the truth. One of a peace activist’s main roles is to share the truth with others so that the news they obtain is more balanced than that promulgated by the corporate “news” outlets. When masses of people are better informed, they can pressure their elected officials to take a stand for justice, such as by calling and writing letters.
Rife censorship on social media
Sharing on social media is not just a matter of being reasonably certain of the sources so that accurate, useful, truthful information is shared. It must also be done in a way that makes it past the layers of censorship that suppress information unliked by the platform owners. Keywords that are sought by algorithms for removal are best misspelled, for example: substituting the “at” symbol for the letter, “a,” and other “tricks” help keep one from being shadow-banned or removed.
Vet and fact-check before you share
I am working with former members of the Intelligence community who are doing their best to vet information so that it is unbiased and trustworthy, and then presenting it in a manner that is not likely to be censored. There is a high degree of censorship on social media channels, which adds to the difficulty of sharing timely, useful information on the conflict in Israel/Palestine.
