The Legal Development of the Concept of "Crimes Against Humanity" and "War Crimes" in Light of the Gaza War and the Legal Prosecution of Israel
Keywords:
Zionist regime, Israeli crimes, Gaza, crimes against humanity, war crimes, International Criminal CourtAbstract
Following the widespread atrocities committed by the Zionist regime after the events of October 7 and its attacks on the Gaza Strip and southern Lebanon, serious concerns have been raised from the perspective of international law. These concerns revolve around how to prevent such atrocities and effectively utilize the capacities of transnational institutions to realize international justice. Accordingly, this study, developed using a descriptive-analytical approach, examines the potential for legally developing the concept of crimes against humanity and war crimes in light of the Gaza war, with the aim of facilitating the legal prosecution of Israel. It explores the legal dimensions of the crimes committed by the occupying Zionist regime in the occupied Palestinian territories and Lebanon, particularly during the recent attacks on Gaza. The primary objective of this study is to offer strategies for aligning the conduct of the Zionist regime in Gaza with the definitions of crimes against humanity and war crimes through the legal expansion of these international crime concepts. The findings of the study indicate that a significant portion of the military and non-military actions carried out by the Israeli regime after the October 7 attack are consistent with the definitions outlined in the Rome Statute of the International Criminal Court concerning war crimes and crimes against humanity and, from a legal standpoint, are subject to prosecution and adjudication within the framework of the Court.
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References
Abedini, A. (2022). Under investigation by Israeli authorities at the International Criminal Court. Journal of Criminal Law and Criminology Research(19).
Al-Qudah, I. (2023). Legal Perspectives on the Prosecution of Israeli War Crimes in Gaza. Journal of Middle Eastern Politics and Policy, 15(4).
Altaweel, R. (2024). Gaza War 2023- 2024 and Reactions From Neighboring Countries: Egypt, Jordan, Lebanon, and Syria. Springer Nature Publication. https://doi.org/10.1007/978-981-97-4868-6_9
Aminzadeh, E., & Pakdel, M. (2023). Revisiting the Advisory Opinion of the International Court of Justice on the Separation Wall in Light of the Crimes of the Zionist Regime After October 2023 in Gaza. Journal of State and Law(4).
Bahreini, J., & Ramazani, M. H. (2024). Feasibility of the International Criminal Court Addressing the Situation in Palestine and Its Potential Consequences. Journal of Public Law Studies, University of Tehran, 54(4).
Farahmandzad, Z. (2023). Judicial Mechanisms for Pursuing and Filing Claims Against the Zionist Regime: A Case Study of Crimes Committed in the Gaza Conflict After October 7, 2023. Journal of State and Law(4).
Farshadi, M. (2023). Double Standards in Human Rights During the Gaza War and the Zionist Regime on the Occasion of World Human Rights Day. Journal of Identity Letters(93).
Fathi, A. (2011). Competent Authorities for Prosecuting Leaders of the Zionist Regime After Gaza Crimes
Foroughi, F. (2024). Reflection on the Feasibility of Domestic and International Prosecution of Crimes Committed by the Zionist Regime in Gaza. Journal of Legal Studies(1).
Hossain, A. (2022). International Accountability for Israel's Crimes in Gaza: Legal Constraints and Political Realities. Journal of International Peace and Security, 28(1).
Jafari Hezarani, N. (2023). Realities of the Hamas-Israel War. Conference on New Findings in Law, Islamic Sciences, and Religious Studies,
Jahshan, K. (2024). One Year After October 7: Assessments and Implications.
Kord Rostami, F. e. (2023). Justice for Victims of International Crimes: Prosecution and Compensation in Accordance with International Law. 8th National Conference on New Research in Humanities, Economics, and Accounting,
Levite, A. (2024). Israeli Security After October 7. https://carnegieendowment.org
Mohammadi, M., & Khalghi, A. (2024). Examining the Possibility of the International Criminal Court Exercising Jurisdiction Over Crimes Committed by the Zionist Regime in Gaza. First National Conference on Emerging Research in Management and LawCY - Tehran,
Mohammadi, R. (2023). Crimes in the Occupied Territories and Their International Dimensions for the Zionist Regime. Journal of Identity Letters(89).
Rekabian, R., & Padarvand, M. (2024). Storm Al-Aqsa and Its Impact on Israel's Security and Political Crisis. Journal of Policy Studies in the Islamic World(1).
Royvaran, H. (2023). Israel's Attack on Gaza and Its Efforts to Destroy Islamic Jihad. Journal of Islam's Guardian(42).
Stamatopoulou, S. (2024). The Human Toll: Indirect Deaths From War in Gaza and the West Bank, October 7, 2023 Forward.
Zanotti, J., & Sharp, J. (2023). Israel and Hamas October 2023 Conflict: Frequently Asked Questions.
Zarei, S. (2023). Storm Al-Aqsa and the Gaza Tornado. Journal of Islam's Guardian(488).
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