A Study on The Problems Faced by The International Criminal Court in Exercising Its Jurisdiction Against the Prosecution of International Humanitarian Crime with Special Reference to The Israel – Gaza War

ABSTRACT

The International society has undergone an inevitable change right from the inception of civilization to the development of technology. The nature of politics, war, and means for acquiring control or domination has changed drastically after the excruciating world wars. However, international humanitarian crimes perpetrated by the states for dominance remain the same. Due to the significant growth of international law and the demand for regulating international crimes, the effective enforcement of ICC is more than necessary to lay down a proper structure for the International criminal justice system. This paper analyses the problems faced by the ICC in exercising its jurisdiction against the prosecution of International Humanitarian Crimes with special reference to the Israel-Gaza war. Humanity can strive only where there is undisturbed peace. The need for a strong and competent mechanism to preserve and regulate such peace is the need of the hour. The authority and competence of international law have been subjected to severe criticism after the failure of the ICC to take appropriate action against Israel for its war crimes against Gaza. This paper aims to give clarity on the war crimes committed in Gaza and the tussle faced by the ICC to take stringent action and hold Israel liable against such crimes. The core problems faced by the ICC have been analyzed to give clarity on the weak enforcement of international law in the 21st century.