The Possibility of the ICJ and the ICC Taking Action in the Wake of Israel’s Operation «Cast Lead» in the Gaza Strip
A Jurisdiction and Admissibility Analysis
SUMMARY AND CONCLUSION
Returning to the purpose of the research stated in the Introduction, this thesis has provided an in-depth procedural analysis of the possibility of Israel / Israelis fac- ing legal consequences before the ICJ or the ICC, based on the serious allega- tions made against the conduct of the IDF during the Gaza armed conflict of 2008/2009. The conclusions reached during said analysis can be summarized as follows: 1. ICJ jurisdiction over the Gaza armed conflict The first question regarding possible ICJ jurisdiction over the events of the Gaza conflict pertained to the Court’s contentious jurisdiction – i.e. the possibility of litigation between the State of Israel and another state(s) before the ICJ concern- ing possible violations of international law by Israeli military forces during the conflict in Gaza. This possibility was rejected in Chapter One as a result of: (i) The consent requirement, according to which the ICJ derives its jurisdiction from the definite consent of the states that are party to each case, so that no state can be made a party to contentious proceedings against its express will; (ii) The fact that the State of Israel explicitly rejects the ICJ’s contentious ju- risdiction with respect to any element of the Israeli-Palestinian conflict. The second possibility analyzed in Chapter One was that of possible ICJ ad- visory jurisdiction in the case at hand. The main conclusion reached in this anal- ysis was that should the ICJ be requested to provide an advisory opinion regard- ing possible Israeli violations of...
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