Israel being put on trial for alleged genocide committed in Gaza
The United Nations Independent International Commission of Inquiry (COI) has found that 'genocide is occurring in Gaza,' and the international community is now taking steps to address this alarming allegation. Thijs Bouwknegt, a genocide expert at the University of Amsterdam, has stated that both the International Court of Justice (ICJ) and the International Criminal Court (ICC) will examine the report as one piece of evidence among several.
The ICJ, established in 1948, weighs disputes between countries, usually with one nation accusing another of breaking an international treaty. In this case, South Africa has raised a case against Israel, and the ICJ has issued provisional and then additional emergency measures ordering Israel to prevent acts contrary to the Genocide Convention, ensure unimpeded delivery of humanitarian aid, and immediately halt its offensive in Rafah. However, Israel has so far ignored these orders and continued its military operations.
Brazil joined the ICJ case against Israel as of July 2025. Meanwhile, Israeli intelligence reportedly tried to obstruct ICC investigations through espionage and intimidation tactics related to Israeli leadership. The ICC, established in 2002, prosecutes individuals suspected of committing war crimes, crimes against humanity, and genocide. The ICC has arrest warrants outstanding for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant.
At the ICJ, most observers do not expect genocide hearings much before 2027. The next thing to watch at the ICC is the jurisdiction challenge, but there is no timeframe for that decision. Following that, there is likely to be more legal back-and-forth in writing as the court weighs probable objections by both sides. The ICC relies on its 125 member states to enforce its arrest warrants, and unless Israel decides to hand over Netanyahu to The Hague, he is unlikely to appear in the dock. The ICC cannot hold a trial in absentia.
The commission's chief, Navi Pillay, shared 'thousands of pieces of information' with the ICC prosecutors. Thijs Bouwknegt stated that the report is a call to political action and that it's for state ministers or government leaders to do something with the report if they feel they want to change something in Gaza. The ICC and the ICJ, based in The Hague, are often mixed up, even by seasoned observers.
The ICC is currently examining an Israeli challenge to its jurisdiction regarding the investigation of war crimes and crimes against humanity in Gaza. The International Court of Justice has given Israel until January 2026 to file a counter memorial responding to South Africa's case. Only then do judges weigh the 'merits' of the case, involving oral hearings. The impact of the UN report on the ICC and ICJ could be useful or impactful five years from now or even ten years from now, according to Bouwknegt, who acknowledged that the law is incredibly slow.
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