Niccolo Gentile
October
Since Oct. 7, 2023, the war in Gaza has attracted all-consuming international attention, far exceeding the sporadic focus previously given to the conflict in recent memory. The critical gaze of the international community has been accompanied—just as in previous flare-ups in the conflict—with mounting legal pressure. This time around, that pressure has materialized in the form of a series of remarkable court rulings and attempted prosecutions which advise that Israel should pull out of the Occupied Palestinian Territory (OPT), which constitutes the Gaza Strip, the West Bank, and East Jerusalem, or face international prosecution. While these steps are not completely unprecedented, they do mark a notable shift in the position of international legal institutions regarding Israel and Palestine. While the decisions remain based on impartial evidence, this sets the international justice system on a course of clashing with Israel and its Western backers, namely the United States.
There are two major international courts handling cases related to the Israeli-Palestinian conflict: In the International Court of Justice—the principle judicial body of the United Nations meant to resolve disputes between its member countries—has presided over two cases during the war in Gaza. The former, an inquiry based on a 2022 Resolution of the General Council, ruled in an advisory decision in July that Israeli settlers must immediately withdraw from the OPT, further adding to the international jurisprudence that declares Israeli settlements in the West Bank to be a violation of international law. The latter, an ongoing court case alleging that Israel is committing genocide against Palestinians, continues to pit South Africa and a growing number of supporting states against Israel and its Western allies.
Meanwhile, the Chief Prosecutor of the International Criminal Court, concerned with the prosecution of individuals in matters of international crime, has decided to bring charges of crimes against humanity and war crimes against both Israeli and Hamas leaders. In response, Israel denied the ICC’s right to investigate such matters, essentially refuting the international court’s jurisdiction over Israeli citizens.
The UN and other international institutions are not known for their efficacy in fulfilling their mandate without significant Western backers. Thus, it is doubtful whether these filings will or would ever be meaningfully implemented if Israel is found guilty. That being said, the recent backlash to Israel’s war on Gaza trumps any previous litigation of Israel’s actions, spurring European states to recognize the State of Palestine and Turkey to cut trade with Israel.
Viewing Israel-Palestine as a flashpoint in the growing fears of a New Cold War, it is worth pointing out that the battlelines weave a complex tale of who might take which side. Take the supporters of either side in South Africa’s genocide case at the ICJ. While the core Western powers of the US, France, Germany and the UK have all rallied around Israel, countries like Spain, Ireland and Belgium have decided to endorse South Africa’s accusation. Additionally, strong support for South Africa’s case comes not just from the some Arab states, but also from Latin America and China, as well as the Non-Aligned Movement. Russia remains absent as a continued black sheep in the conflict due to its ties with both sides. This speaks to a far more complex world of international issues than the Cold War of yore.
The highly awaited rulings of the ICC and ICJ will likely spark further responses on the global stage. International organizations, American policymakers and humanitarian experts all have certain expectations of what will emerge from these debates. When they inevitably leave some of these unmet, faith in the already-tenuous “rules-based” world order will be confronted with the dashed hopes of the idealistic generations who instituted it. Whatever the case, there is little hope these contested pressures will restrain actions in the Gaza Strip and beyond.
On the ground in Israel and Palestine, international legal matters hold little sway. Israel has now been invading Gaza for over a year in retaliation for the October 7 attacks, in turn, a response to Israeli violence at the Al-Aqsa Mosque in Jerusalem. A cycle of violence continues to devastate the region with no foreseeable end in sight. Try as it might, the international community lacks the will, drive, or direction to impose lasting measures on the conflict. Whether such a move would have a positive or negative impact is debatable, but the current standstill in relation to the two main actors in this conflict seems to be coming to some sort of head. The situation that emerges in response to the international judicial decisions remains critical for the future outcome of this issue, even if it has little material effect for those immediately harmed.