2026-06-15
Gaza Before International Justice: Documenting the International Criminal Court’s Path Since October 7, 2023
Since October 7, 2023, the consequences of the war in the Gaza Strip have extended far beyond the battlefield and the humanitarian catastrophe. They have also reached the arena of international justice, transforming Gaza into the focus of one of the most significant and closely watched investigations in the history of the International Criminal Court (ICC).
Over the months that followed, the legal file witnessed a series of major developments, beginning with the reaffirmation of the Court’s jurisdiction over the Palestinian territories, continuing through evidence-gathering and witness testimonies, and culminating in arrest warrant requests and judicial decisions that placed prominent political and military figures under international scrutiny.
This report aims to document the key legal milestones related to Gaza before the International Criminal Court, considering them an integral part of the historical record of the war and its consequences.
Legal Background
The International Criminal Court’s jurisdiction over the Palestinian territories is based on the State of Palestine’s accession to the Rome Statute in 2015. In 2021, the Court announced the opening of a formal investigation into alleged crimes committed in the Palestinian territories. This investigation later became the legal framework through which the Court examined developments following October 7, 2023.
October 7: The Beginning of a New Phase
The events of October 7 marked a turning point in the trajectory of international investigations. As the war escalated and resulted in large numbers of civilian casualties, hostage-taking, mass displacement, and widespread destruction, calls intensified for comprehensive investigations into all alleged violations committed during the conflict.
The Prosecutor’s Engagement
During the early months of the war, ICC Prosecutor Karim Khan reiterated that the Court’s investigation concerning Palestine remained active and ongoing. He emphasized that international humanitarian law applies equally to all parties involved in the conflict.
Statements from the Office of the Prosecutor stressed that attacks against civilians, hostage-taking, obstruction of humanitarian assistance, and disproportionate attacks against civilian populations could fall within the Court’s jurisdiction if the legal elements of such crimes were established.
Requests for Arrest Warrants
In May 2024, the case entered an unprecedented stage when the Prosecutor submitted applications for arrest warrants against Israeli officials and Hamas leaders, alleging responsibility for crimes that may constitute war crimes and crimes against humanity under the Rome Statute.
The move represented one of the most consequential and controversial legal actions undertaken by the Court in recent years, given the political sensitivity of the parties involved and the international attention surrounding the conflict.
Arrest Warrants Issued
In November 2024, the Court issued arrest warrants for Benjamin Netanyahu and Yoav Gallant in connection with allegations involving war crimes and crimes against humanity.
Although arrest warrants do not constitute convictions, the decision marked a significant legal and political milestone in the history of the Gaza war and in the broader development of international criminal justice.
The Prisoners and Detainees File
The issue of Palestinian prisoners and detainees emerged as one of the most prominent human rights concerns associated with the conflict, particularly regarding detainees from the Gaza Strip, their conditions of detention, and whether aspects of their treatment may fall within the Court’s investigative mandate.
Human rights organizations have repeatedly called for transparency regarding detainees’ whereabouts and treatment, as well as guarantees of their legal rights in accordance with international humanitarian law and the Geneva Conventions.
Historical Significance
The legal developments related to Gaza represent a major shift in the trajectory of the Palestinian-Israeli conflict. Certain aspects of the war have moved beyond the realms of political debate and media coverage into the domain of international legal accountability.
Regardless of the eventual outcomes of judicial proceedings, the documents, decisions, testimonies, and investigations generated by the International Criminal Court since October 7, 2023, have become part of the historical record of the war and an enduring component of Gaza’s legal and political memory.
Timeline
October 7, 2023: Outbreak of the war.
October–December 2023: Initial documentation efforts and evidence collection.
2024: Intensification of ICC investigations.
May 2024: Requests for arrest warrants submitted by the Prosecutor.
November 2024: Arrest warrants issued for Benjamin Netanyahu and Yoav Gallant.
2025–2026: Continued investigations and monitoring of war-related cases..