The problem of the enforcement of ICC over war crimes committed during the Palestinian-Israeli conflict: a legal study

The Palestinian - Israeli conflict has been characterised by prolonged violence, displacement, and allegations of war crimes, prompting critical enquiries into accountability under international law. The International Criminal Court (ICC), established in 2002 to prosecute the most serious international crimes, has faced both criticism and limitations in addressing this conflict. The primary challenges lie in the ICC’s jurisdictional restrictions, insufficient cooperation from states, and the political constraints that undermine its effectiveness in prosecuting alleged breaches of international humanitarian law. This study examines the role and jurisdiction of the ICC in prosecuting war crimes within the Palestinian - Israeli conflict and identifies the key challenges that weaken its mandate. A qualitative doctrinal approach, grounded in historical and legal analysis, is employed. The study traces the evolution of the conflict from the Ottoman era to the 1948 Nakba, as well as subsequent international interventions, most notably the Oslo Accords. It further explores the Rome Statute, the ICC’s jurisdictional limitations with respect to territory, temporal scope, and subject matter, and the ICC’s engagement with the Palestinian issue. The findings suggest that while the ICC represents a major development in international criminal justice, its ability to ensure accountability remains limited. Jurisdictional disputes, geopolitical pressures, and lack of state cooperation hinder the ICC capacity, restricting both deterrence and justice for victims. The study concludes by proposing measures to strengthen the ICC’s effectiveness, including clarifying its authority in cases of contested statehood, expanding its enforcement mechanisms, and reducing political interference. By addressing these issues, the ICC could play a more significant role in promoting accountability and advancing justice under international law.