The one year of the Gaza war has produced many cases in The Hague’s international courts, including some arrest warrants and the issue of war crimes, crimes against humanity, and genocide, among others. The cases underway are as follows:

 Cases against Israel in The Hague

Israel has found itself on the two critical cases in The Hague about the Gaza conflict after the attacks carried out by Hamas on October 7. The International Criminal Court is considering a prosecution application for arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and two Hamas leaders for alleged war crimes and crimes against humanity. On the other hand, the International Court of Justice is studying Israel’s claims of state-level violations under the 1948 Genocide Convention through actions in Gaza.

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As a result of the treaty, the ICC exercises prosecution of war crimes, crimes against humanity, genocide, and aggression committed. Not being a member and non-recognition of the ICC by Israel, Palestine secured membership to the ICC back in 2015; an investigation into some of its alleged crimes in occupied Palestinian territories began in 2021.

On the other hand, the ICJ, or World Court, is the UN’s supreme court for disputes between states and UN treaty breaches. In December 2022, South Africa filed a case against Israel at the ICJ, alleging violations of the Genocide Convention through actions in Gaza.

 Status of the Case Against Netanyahu of Israel Today

In May, ICC prosecutors sought warrants for Netanyahu and Gallant, stating that they probably committed war crimes by withholding essential resources from Gaza civilians. There is no time limit for the ICC judges to rule on these warrants, and any trial could be years off.

In September, Israel filed an objection to this request. Many countries have submitted related legal documents, underscoring the case’s prominence.

Cases against the Leaders of Hamas

Hamas leaders Yahya Sinwar and Mohammed Deif were faced with an international request for a warrant for arresting war crimes offenses like murder, and hostage-taken rape, among others, during the 11-year Palestinian Israel. Charges against Haniyeh were ruled out on death. Also, Prosecutor Khan has issued statements whereby if Deif’s supposed death case gets confirmation, his case will fall by default.

If the ICC issues a warrant, member states must arrest and extradite someone if they enter the territory of an ICC member country. Historically, the compliance has been mixed. Noncompliant states commonly face diplomatic consequences rather than penalties.

Case Procedural Genocide against Israel

The ICJ is considering South Africa’s case against Israel. South Africa requested interim measures that would protect Palestinians during the case. The ICJ has directed Israel to ensure food supplies for the Palestinians in Gaza and stop military operations in Rafah. South Africa will present its entire case by late October, while the response from Israel will be awaited by July of the following year. If it is decided that Israel committed genocide, then the ICJ can award reparations that may include compensation in monetary terms.