The International Criminal Court (ICC) is one of the international judicial institutions aimed at prosecuting individuals accused of committing war crimes, crimes against humanity, and genocide. The case of Palestine, as a state under Zionist occupation, has garnered particular interest from the ICC, especially after its acceptance and recognition as a member state by the court in 2015. This has allowed it to bring cases before the court in the event of international crimes occurring on its territory, leading to several decisions and developments regarding this case.

 International Criminal Court's Decisions on Palestine Crimes

1. On July 9, 2004, the International Court of Justice issued an advisory opinion regarding the Zionist separation wall being built in the West Bank. The court considered that the construction of this wall violates the rights of Palestinians to freedom of movement and constitutes a breach of international law. It called on the occupying state to cease the construction of the wall, dismantle parts that had already been built, and compensate the affected Palestinians. However, this decision was not implemented due to the objections of the occupying state and its supporting countries, such as the United States.
2. In 2004, the Security Council also urged the occupying state to comply with the decision of the International Court of Justice regarding the separation wall. However, it failed to comply with this decision as well, with no direct implementation due to the lack of an effective enforcement mechanism.
3. In 2014, the United Nations General Assembly requested the formation of an international commission of inquiry into the crimes committed during the Zionist aggression on Gaza during the military operation "Protective Edge." Reports from the commission confirmed evidence of war crimes committed by the occupying state and its army, such as attacks on civilians, hospitals, and infrastructure. However, no concrete legal actions were taken against the Zionist leaders in this regard.
4. In 2015, the State of Palestine requested the ICC to open an official investigation into the war crimes committed by the occupying state during the 2014 war on Gaza (operation "Protective Edge"). At that time, the ICC concluded that there was a legal basis to initiate an official investigation into the war crimes committed by the Zionist army, including crimes against humanity and war crimes. However, these investigations have not resulted in arrest warrants against Zionist leaders to date.
5. In 2018, following a wave of protests at the border between Gaza and the occupying state, an international commission of inquiry was established to investigate the violations committed during these protests. The commission's report indicated that the Zionist army used excessive force against unarmed protesters, constituting a violation of international law. However, as with previous decisions, no concrete legal actions have been taken against Zionist leaders in this regard.
6. In 2021, the ICC's Chief Prosecutor Fatou Bensouda decided to open an official investigation into potential war crimes committed in the occupied Palestinian territories since 2014, including military attacks on Gaza and settlement activities in the West Bank.
7. - In 2021, the International Criminal Court (ICC) also decided that it has jurisdiction over the occupied Palestinian territories, which means that crimes committed there can be prosecuted under its jurisdiction.
8.  - In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant on charges of committing war crimes in the Gaza Strip, including using starvation as a weapon of war, murder and persecution, deliberately targeting civilians, and imposing restrictions on humanitarian aid, including food, water, and medicine, which led to the starvation of the civilian population in Gaza and subjected them to severe suffering.

 The Effectiveness of the Decisions:  

The ICC faces several challenges in implementing its decisions regarding Palestine due to a range of factors:

1 - Political objections: Many countries, including the United States and the occupying state, do not recognize the jurisdiction of the ICC in cases related to Palestine, which complicates the implementation of the court's decisions, as these countries refuse to cooperate with the court.

2 - Difficulty in gathering evidence and testimonies: Investigations into international crimes require strong evidence from the scene of the incident, which is extremely difficult in areas experiencing ongoing conflicts, complicating the court's ability to gather the necessary evidence to convict those responsible.

3 - Challenges in enforcing judgments: Even if criminals are tried and judgments are issued against them, the court faces difficulties in executing these judgments, especially if the defendants reside in countries that do not recognize the authority of the court or refuse to extradite the accused.

 The Ability to Enforce Decisions:

Despite the important decisions made by the ICC regarding Palestine, its ability to enforce these decisions remains limited due to:

1 - Lack of political support: The ICC needs political support from member states to implement its decisions, but some major countries like the United States and its allied state, along with a number of supporting countries, may not cooperate with it.

2 - Legal constraints: Although the court has jurisdiction over the Palestinian territories, enforcing decisions requires cooperation from the concerned states, including the occupying state that refuses to recognize the court’s decisions.

3 - Lack of power and obligation: The occupying state is not a member of the ICC, which makes it not obligated to cooperate with investigations or execute arrest warrants issued against its citizens.

4 - Political and international pressure: Especially from major powers like the United States, which significantly supports the occupying state, making the implementation of decisions or arrest warrants difficult.

Despite the issuance of many important decisions from the ICC and the International Court of Justice concerning Israeli occupation and human rights violations in the Palestinian territories, the actual implementation of these decisions and warrants remains limited due to the lack of cooperation from the occupying state with these international bodies, as well as international political influences. The ability of these courts to achieve justice is significantly constrained by major political powers such as the United States and its allies that support the occupying state at the expense of international and humanitarian law, placing it above the law.