There is no or little chance that the International Criminal Court (ICC), an institution established under the Rome Statute, would be able to hold the Israeli Premier, Netanyahu, accountable for the abhorrent massacre of around 15,000 civilians, including 6,000 children, in Gaza using chemical and white phosphorous bombs during the preceding 45 days.

Based on historical context, it is likely that the United States will persist in impeding a fair trial to do justice to the vulnerable and persecuted Gaza population and punish those involved in a calculated genocide of Palestinians. These individuals are currently enduring severe atrocities as a result of a meticulously devised strategy by Israeli leaders, with the complicity of the US administration.

Due to Israeli brutality in Gaza, numerous countries and individual lawyers have referred "Israel's" leaders, including Prime Minister Netanyahu, to the ICC to hold them accountable for acts of genocide, aggression, war crimes, and crimes against humanity in Gaza. However, these efforts are expected to yield outcomes similar to those of the Goldstone Report and a flurry of such complaints lodged with the ICC.

The Goldstone Report sought to address Israeli violations of international humanitarian and human rights law during the Gaza conflict of 2008–2009 but failed to prosecute any of the zionist warmongers, thanks to the United States' persistent support for Tel Aviv.

What is Goldstone inquiry?

The Human Rights Council (HRC) in Geneva formally requested a thorough investigation to look into Israeli violations of international humanitarian and human rights law that occurred during the 2008–2009 war on Gaza. Justice Richard Goldstone, a well-known figure from South Africa, was in charge of the fact-finding mission. He made efforts to expand the scope of his investigation to achieve a more balanced assessment of Israeli aggression.

The report primarily centers around Israeli violations, with some discussion of allegations against the Palestinian side. It spans 575 pages and delves into various aspects of these violations. The recommendations of the report pose significant challenges to the US and Israeli leadership due to its suggestion of potential referral of Israeli war crimes to the International Criminal Court (ICC) in the absence of sufficient internal investigations by "Israel". Additionally, the report proposes the application of universal jurisdiction by non-conflict parties for serious violations of the Geneva Conventions. Additionally, it requests that the UN Security Council and UN General Assembly evaluate and implement measures in response to the findings outlined in the report.

The US delayed implementation

The Goldstone’s findings caused a ripple in Washington, and the United States began making diplomatic efforts, closely engaging "Israel" to get a way out of the damaging findings of the report. During her visit to the region in October 2009, Ambassador Rice engaged in serious discussions regarding the report with senior Israeli and Palestinian officials, including Prime Ministers Netanyahu and Fayyad. A delegation from the United States visited "Israel" between January 5 and January 9, 2010, under the direction of Assistant Secretary Posner. During this visit, the delegation engaged in meetings with high-ranking government officials and members of the Israeli Occupying Forces (IOF). Additionally, discussions were held with Israeli non-governmental organizations and resident international organizations. The primary objectives of these meetings were to assess the progress of Israeli investigations, gather information regarding potential revisions to military doctrine, address the upcoming March session of the Human Rights Council, and obtain insights into the official Israeli response to the Goldstone Report.

On January 20, a delegation from the Israeli Ministry of Foreign Affairs visited Washington to engage in a bilateral dialogue with the US administration regarding the follow-up actions related to the Goldstone Report.

Due to the divergence of opinions between Washington and the authors concluding the Goldstone Report, as well as ongoing diplomatic negotiations between Washington and Tel Aviv, the US administration effectively managed to delay and impede the progression and execution of the Goldstone Inquiry Report.

Referral lodged by Palestine

On May 22, 2018, Palestine officially submitted a referral to the ICC, requesting the prosecutor to initiate an investigation into crimes falling within the jurisdiction of the Court. In December 2019, the International Criminal Court (ICC) prosecutor, Bensouda, completed her preliminary inquiry and determined that all the necessary statutory criteria had been satisfied to initiate a formal investigation. Subsequently, she pursued a legal ruling from the judges of the court regarding the extent of the International Criminal Court's territorial jurisdiction. The case is currently under consideration by the court, and no decision has been taken during the past eight years upon the recommendations of the ICC prosecutor. Since January 2015, the ICC has been looking into allegations that "Israel" committed serious crimes in Palestine, including war crimes and crimes against humanity.

Even though Human Rights Watch has urged the ICC to initiate a formal investigation into the occurrence of severe international crimes in Palestine. This request was based on compelling evidence that indicates the commission of serious offenses since 2014. These crimes include the transfer of Israeli civilians into the occupied West Bank and war crimes committed by the Israeli military and armed groups during the 2014 hostilities in Gaza, but nothing has come out of this inquiry, which has been pending for the last five years.

New referrals after October 7

Despite the failure of the ICC to independently conduct hearings in previous referrals and brush off the illegal interference of the US, several countries and individuals have again filed petitions with the ICC seeking the impeachment of Israeli leaders for committing crimes against humanity in Gaza.

According to media reports, the prosecutor of the International Criminal Court, Karim Khan, has received referrals from as many as eight countries, including Turkey, Bangladesh, South Africa, Colombia, Djibouti, Comoros, Algeria, and Bolivia, to prosecute Benjamin Netanyahu for war crimes committed in Gaza.

A legal team representing Palestinian individuals affected by Israeli attacks on Gaza has also submitted a formal complaint to the ICC. The complaint asserts that "Israel's" actions can be classified as the crime of genocide. Gilles Devers, a seasoned French lawyer and the representative of the victims submitted the complaints before the ICC in the Hague.

The civil society initiative seeks the issuance of arrest warrants against prominent Israeli politicians, including Prime Minister Benjamin Netanyahu. According to Devers, it is evident that all the necessary criteria for the crime of genocide are present. He stated during a brief interaction with the media that the complaint has been submitted in light of previous cases, such as those in ex-Yugoslavia and Rwanda, which have established a precedent.

The group argues that "Israel" has displayed unmistakable signs of genocide, including the deliberate deprivation of food and electricity to Gaza, targeting civilians and civilian infrastructure, and employing dehumanizing language that compares individuals to "animals." In addition, the group gathered witness accounts from Palestinian victims who are under their legal representation in court.

ICC performance marred by US interference

The ICC has opened more than twenty cases to date, and three of them are still undergoing pre-trial or trial proceedings. Nevertheless, the number of concluded trials about war crimes and crimes against humanity remains limited, comprising four convicted individuals and four acquitted. Other cases have been dismissed due to insufficient evidence. The International Criminal Court prosecutor must carry out more thorough investigations, choose cases more wisely, carry out more effective proceedings, and engage in more effective communication with victims and affected communities as a result of several errors made by court officials.

In 2019, the court's administration made a significant stride forward by soliciting an external evaluation of its operations from an expert. By September 30, 2020, a panel of nine experts hopes to have finished the evaluation.

In addition, the court encounters formidable obstacles in the execution of its mandate. It depends on state cooperation in arrests in the absence of a police force, and that cooperation has proven to be insufficient. For fourteen individuals, outstanding arrest warrants persist. ICC member states have refrained from allocating essential budgetary augmentations, despite the escalating caseload of the court.

Without a doubt, the court must continue to gain knowledge, rectify errors, and enhance its operations. More than ever, however, an international community-strongly supported the International Criminal Court that is efficient and conveys the message that impunity for mass atrocities will not be tolerated is required.

The actions of the United States and "Israel" in disregarding international laws and global organizations to safeguard their allies and penalize their adversaries are evident and require no further elaboration. The lack of independent functioning by the ICC regarding the Rome Statute is apparent. This is demonstrated by the contrast between the ICC's prompt issuance of an arrest warrant for Russian President Vladimir Putin based on allegations of war crimes in Ukraine in March last year and its ongoing delay in processing referrals against individuals such as Netanyahu.