The Inadvertent Protagonist - Possible Implications of the ICJ Advisory Opinion for the Prosecution of International Crimes in Palestine

Abstract

The International Court of Justice (ICJ), a UN body essentially responsible for resolving inter-state disputes, has been increasingly asked to consider matters with implications for individual criminal responsibility – a predominant concern of international criminal law. In some cases, the link is direct; for instance, in the last two years, the Genocide Convention has been invoked twice on behalf of Ukraine and Gaza. Although for the ICJ, its application is a question of State responsibility, it will give rise to questions of individual responsibility in other international and domestic fora.

Keywords

• Genocide
• ICC
• ICJ
• Israel-Gaza War
• Israel-Hamas War