International Criminal Responsibility of Perpetrators of the Crime of Genocide in the Gaza Strip Following the Events of October 7, 2023 المسؤولية الجزائية الدولية على مرتكبي جريمة الإبادة الجماعية في قطاع غزة بعد أحداث 7أكتوبر2023 Halima KHAREZE

الملخص

This research paper aims to clarify the crime of genocide committed in Gaza and assess the feasibility of prosecuting its perpetrators and imposing penalties upon

 them. The study concludes that international criminal responsibility applies to the perpetrators based on the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, in accordance with the Rome Statute, which criminalizes genocide. The court has presented all necessary evidence proving the guilt of the criminals, leading to the issuance of a ruling by the International Court of Justice (ICJ) and an arrest warrant by the International Criminal Court (ICC) against Netanyahu and Gallant. However, the challenge remains in the actual enforcement of these decisions. Therefore, we recommend the establishment of enforcement mechanisms for ICJ rulings, ensuring that convictions are accompanied by appropriate sanctions, activating monitoring and accountability mechanisms for international crimes, and enhancing the ICC’s efforts to clarify the element of special intent in genocide, a crime considered one of the most heinous due to its aim of exterminating an entire group.