WAR CRIMES AND INTERNATIONAL JUSTICE: LEGAL RESPONSES TO THE ISRAEL - GAZA AND UKRAINE – RUSSIA CONFLICTS

WAR CRIMES AND INTERNATIONAL JUSTICE: LEGAL RESPONSES TO THE ISRAEL - GAZA AND UKRAINE – RUSSIA CONFLICTS

WAR CRIMES AND INTERNATIONAL JUSTICE: LEGAL RESPONSES TO THE ISRAEL - GAZA AND UKRAINE – RUSSIA CONFLICTS:-

                              By Arsha Rana ,faculty of Law, Jamia Millia Islamia University New Delhi 

ABSTRACT:-

Protecting the innocent civilians across the world who are affected by mass atrocities and human rights violations is turning into a challenge. We are witnessing the mass killing of civilians in the war of states and it is affecting the diplomatic as well as geopolitical influence world over which a grave concern for the international legal order mechanism which is failing to resolve. There is a need of an accountability mechanism to fill the security gaps. Now, we are witnessing the Israel-Gaza and Russia-Ukraine conflict where civilians are suffering and instead of international legal responses, no effect is visible in reduction of atrocities. This paper will be exploring the international legal responses along with the various actions taken by other states in form of aid to the victim because international legal responses underscores the complexities in international justice mechanism.

Keywords:- Mass Killing, human rights violation, international legal responses and order, warcrimes, crime against humanity, Genocide etc.

INTRODUCTION:-

World has gone through various serious attacks and accidents especially since 2023 and till now. We are witnessing huge human rights violation at mass rate in Israel- Gaza and Russia-Ukraine war where civilians were killed innocently and persistently that caused the emerging need of the legal order for protection of international human rights. Israel-Palestine war is continued since 1948 to present but most persistent and serious war is going on in Gaza since December 2023 where civilians in large numbers are killed by Israel in response to the attack by Hamas on Israel by using the defence of so-called self-defence. Number of peoples who has died due to this on-going war is increasing day by day. Its more than 55,300 people who have been killed and 128,700 injured in Gaza according to Health authorities of Gaza. Both Israel and Gaza can't justify the human rights violation by just taking the support of self-defence. According to the Genocide convention 1948 and its interpretation by international Courts and tribunals, Israel’s acts of killing are committing the crime of Genocide which is violation of the Convention. Recently, Israel-Gaza war is escalating into the more violent war as Israel is engaging itself with Iran which may have serious consequences in future as it may lead to the another world war[1]. On the other hand, In Ukraine, Russia is invading since 2014 and it is continued till now. Till 2022, Russia invaded and annexed Crimea and many other regions including Donbas region and these first eight years were marked by naval incidents and cyber warfare. In Feb 2022, Russia launched a war in escalated form through paramilitary’s action mission and this action was internationally condemned because of its cruelty against Ukraine. Many countries granted humanitarian and military aid to Ukraine to counteract and defend itself from Russian invasion which is marked by deliberate and indiscriminate attacks on civilians. Further, it led to the opening of international scrutiny into the war crimes by International Criminal Court (ICC) and issue of arrest warrant against Putin and other officials.[2]

LEGAL FRAMEWORK GOVERNING WARCRIMES AND JURISDICTIONAL CHALLENGES:-

There are many legal frameworks such as International Humanitarian Law (IHL), International Criminal Court (ICC) and International Court of Justice (ICJ) to regulate the war crimes and international human rights violation.

International Humanitarian Law lays down the rules to regulate the conflict across the world and maintain the balance between the use of military action and protection of human rights of civilians. There are various rules such as protection of civilians and prohibition of unnecessary and excess sufferings along with the proportionality consideration and humanity. This applies to both Israel-Gaza as well as Russia-Ukraine conflict.[3]

Another framework which is dealing with such conflicts is International Criminal Court (ICC). ICC was established under the treaty of Rome Statute which empowers it with the universal jurisdiction over the serious and grave crimes such as war crimes, genocide and war against humanity etc. and empowers to try and punish the accused when the national courts are not willing to do so across the world. ICC recently issued the arrest warrant against Israeli PM Netanyahu and other officials for the warcrimes and crimes against humanity as well as for Genocide under Genocide Convention 1948. ICC also issued arrest warrant against Russian PM Putin for the crime of forcibly deporting children from their occupied territory of Ukraine. These international bodies have universal jurisdiction to investigate and prosecute over most countries of world beyond their state sovereignty and political consideration[4].

Another international body is International Court of Justice (ICJ) which plays an important role in settling disputes between various international players and held various states accountable in getting justice to victims. It upheld the peace and security and maintains the balance between the various states.

ALLEGATIONS OF WAR CRIMES IN THE ISRAEL-GAZA CONFLICT:-

Although, this war is going on since 20^th century especially Yom Kippur war which involved many Arabic nations but the immediate cause of the conflict is the attack by Hamas on October 7, 2023. Thereafter, government of Israel declared emergency and war against Gaza. Israel started invading Gaza by targeting the domestic infrastructure of innocent civilians by rejecting the notion of proportionality and principle of humanity which are the basic principles of international humanitarian law. Israel used force disproportionately and killed approx 53,000 peoples including innocent lives. Israel violated international humanitarian law and committed the crime of Genocide according to the Genocide Convention of 1948 which led to the opening of investigation by International Criminal Court and issuance of arrest warrant against Israeli PM Netanyahu and other officials. Israel was condemned internationally for the crime of Genocide in Gaza and for non cooperation of Israel with ICC. Many countries granted the humanitarian aid for Gaza people when they were suffering from hunger and basic medical facilities due to the destruction of hospital by Israel. Even South Africa filed petition in International Court of Justice for humanitarian crisis and mass killing in Gaza against Israel. South Africa alleged that Israel committed the crime of Genocide against Palestinians and demanded the provisional measures of protection for civilians but Israel rejected the judgement of ICJ and continued the mass killing. This conflict has affected the diplomatic relations of Israel with many countries.

 

 

ALLEGATIONS OF WAR CRIMES IN THE RUSSIA-UKRAINE CONFLICT:-

This conflict is going on since 2014. After that revolution of dignity took place and after some time Russia launched its military operations to annex the Crimea and won it. After it, Russia started a paramilitary mission in Eastern Donbas region against Ukraine’s military and later on, occupied by Russia in 2018. But in 2022, Russia launched a full scale invasion against Ukraine and its civilians which is also known as the biggest conflict since WWII. Although, Putin demilitarized the Ukraine after 24 Feb. But it was condemned internationally by many countries and international bodies. And many countries provided the humanitarian and military aid to the Ukraine to counter act against Russia. Due to the increased resistance and condemnation, Russia gave up the attempt to annex the Kyiv and Russian military started relieving the territories and reduced the offensive invasions and attack. From 2014 to 2021, there were approx. 3000 civilian casualties along with the impediment of right of movement in the conflict zone[5]. UN Human Rights Office reported that Russia committed the severe human rights violations including Deliberate and indiscriminate acts of Russia led to the investigation of the war crimes and human rights violations by International Criminal Court and consequently the issuance of arrest warrant against Putin and his other officials. They have been alleged for the mistreatment and deportation of civilians from Kyiv and other war crimes. There should be an special tribunal which can prosecute the criminals accused of crime of aggression politically as well as legally. Along with the investigation by ICC, there were also the universal jurisdictional investigation which allows one state to conduct investigation in another state for war crimes and crimes against humanity committed against the nationals if same country. Many countries including Germany, Lithuania, Spain and Sweden etc. conducted such investigation.

 

 

 

COMPARATIVE ANALYSIS OF LEGAL RESPONSES:-

In both cases, ICC played an important role in conflict by considering the victim state and human rights violation and war crimes. In November 2024, ICC issued the arrest warrant against Israeli PM Netanyahu and former defense minister Yoav Gallant and other officials on charges of war crimes and crime against humanity and crime of Genocide. International humanitarian law related to international armed conflict applied to this conflict because these two are the contracting party to the Genocide Convention of 1949. The issue of jurisdiction also gets solved because Court doesn’t require its jurisdiction anymore as Court already has the territorial jurisdiction of Palestine. But Israel ignored the Court’s decision and continued its invasion, also showed the non cooperation with ICC.

On the other hand, invasion by Russia on Ukraine activated the international community’s response which led to the international condemnation at huge level due to the act of violation of human rights and crime against humanity along with war crimes. ICC opened the investigation against Russia and issued the arrest warrant against Putin and other Russian officials for committing the act of aggression, war crimes and crime against humanity.

But Russia also ignored the ICC’s decision and continued its cruelty against Ukraine. Although, Ukraine was aided by many countries in form of military and humanitarian aid so that Ukraine can also act in self defense against Russia.[6]

 

PROPOSAL FOR STRENGTHENING THE INTERNATIONAL JUSTICE MECHANISM:-

To handle the international cases in such situations, there is a need of an ad hoc special tribunal which can deal with the emerging conflict and can adjudicate cases neutrally. Because, international bodies are facing challenges in adjudicating the international cases around the world. Along with the establishment of some special tribunal, there should also be the reforms in the mechanism of ICC so that it can handle the complex cases easily without facing any challenge of jurisdiction and non-cooperation with its proceedings etc. It will improve the enforcement of the ICC’s prosecutor. Also there should be the role played by regional organizations such as European Union etc. in solving these issues.

 

CONCLUSION:-

Basically, this paper explored the various ongoing conflicts such as Israel-Gaza conflict and Russia-Ukraine conflict where we explained the current situation and the immediate causes of this conflict along with the historical context of these war. Also the international legal order which deal with the conflicts in which human rights are violated and warcrimes are committed against civilians across the world. States can’t take the defense of self-defense while using force disproportionately and by rejecting the principal of necessity according to the Geneva Conventions 1949 and international humanitarian law. Thereafter ewe explored the key events of conflicts and then a comparative study of both conflicts whereby arrest warrants are issued against the crime perpetrators by ICC. Also we tried to find out the solutions for the resolution and mitigation of such a huge human rights violations and warcrimes.

 

 

 

REFERENCES:-

1.      https://judicature.duke.edu/articles/israel-hamas-conflict-international-law/

2.       https://news.un.org/en/story/2024/10/1155861

3.      https://timesofindia.indiatimes.com/blogs/enigmatic-musings/morality-vs-politics-a-critical-analysis-in-context-of-israel-gaza-and-russia-ukraine-wars/

4.      https://www.hrw.org/news/2023/10/27/how-does-international-humanitarian-law-apply-israel-and-gaza

5.      https://www.aljazeera.com/features/2025/4/10/israels-war-on-international-humanitarian-law

6.     https://www.britannica.com/event/Israel-Hamas-War

7.      https://unric.org/en/international-law-understanding-justice-in-times-of-war/