The criminal justice for war crimes committed in Gaza strip: The international legal framework, prospects, and challenges

• Main Author: Al Ashqar, Muath Mohammed
• Format: Thesis
• Language: English; English; English
• Published: 2023
• Subjects: JX International law
• Online Access: https://etd.uum.edu.my/10787/1/permission%20to%20deposit-not%20allow-s903509.pdf; https://etd.uum.edu.my/10787/2/s903509_01.pdf; https://etd.uum.edu.my/10787/3/s903509_02.pdf; https://etd.uum.edu.my/10787/

From the end of the year 2008 to 2014, Israel committed three wars in the Gaza Strip. These wars are known as Operation Cast Lead in 2008, Operation Pillar of Cloud in 2012, and Operation Protective Edge in 2014. Israeli forces have used many internationally prohibited weapons against Gaza during the wars. These wars caused destructive impacts on vital facilities in Gaza, including schools, universities, mosques, hospitals, and the United Nations Relief centers. The killings of thousands of innocent civilians by Israeli forces were visible evidence of a serious violation of international humanitarian law which conferred protection upon civilians during armed conflicts. On 1 April 2015, Palestine acceded to the Rome Statute of the International Criminal Court in order to prosecute Israeli war criminals. Thus, the primary objective of this research is to critically analyse the existing international legal frameworks, with special reference to the Rome Statute, the Geneva Conventions, and other relevant international conventions on war crime for prosecuting war criminals in Gaza Strip between the years 2008 to 2014. This study adopts doctrinal legal research by using a qualitative approach, employing historical, analytical, explanatory, and descriptive modes while analysing primary and secondary data. In this research, 15 respondents from various stakeholders were involved in a semi-structured interview. The findings thereof indicate that the existing legal frameworks prosecuting war criminals contained legal loopholes which enabled the Israeli war criminals to gain impunity. This study also found three major challenges that hinder the prosecution of Israeli war criminals. The primary challenge is for the International Criminal Court to exercise its jurisdiction. The next challenge is relating to the principle of complementarity and international cooperation. The final challenge is regarding the issue of universal jurisdiction. Thus, this study suggests that special amendments be made to Articles 8, 15, 17, 18, 53, 86, and 77 of the Rome Statute which requires urgent attention at the international level to prosecute Israeli war criminals. Further, the Palestinian government should also take a step further by domesticating the provisions of the international treaties namely the Forth Geneva Convention and its Additional Protocols, as well as the Rome Statute, into its national legislation. This study also recommends that a Special Task Force Unit be established in Palestine to handle war crimes, which is also responsible to gather all the relevant data, and evidence to prosecute Israeli war criminals as well as to be a spokesperson at the international level.