revue critique de droit et sciences politiques
Volume 21, Numéro 1, Pages 138-158
2026-06-30
Genocide Crimes Committed In Gaza Before The International Criminal Court: Reality And Challenges
Authors : Zaadi Mohamed Djelloul .
Abstract
Legal responsibility for the crime of genocide in Gaza is one of the most sensitive and complex issues in contemporary international law. The 1948 Convention on the Prevention and Punishment of the Crime of Genocide governs genocide, the most serious international crime. This convention requires both states and individuals to stop and punish this crime without exception. In the context of Gaza, the military operations that included the widespread killing of civilians, the destruction of vital infrastructure, the targeting of health and educational facilities, and the obstruction of humanitarian aid have sparked extensive legal debate regarding the potential existence of the material and mental elements of the crime of genocide. Legally, the state that carries out acts that may constitute genocide bears international responsibility and is accountable before the International Court of Justice. Individuals—whether political or military leaders—are also accountable before the International Criminal Court, as genocide is a crime that has no statute of limitations, and its perpetrators can be prosecuted at any time.
Keywords
Genocide ; International Criminal Court ; Israel ; Palestine ; Human Rights ; Criminal Responsibility
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