Israel faces intensifying legal and diplomatic fallout over Gaza war as death toll rises
Israel’s military campaign in Gaza is drawing mounting legal scrutiny from international courts and growing discomfort among Western allies, as humanitarian conditions in the enclave deteriorate and accusations of war crimes escalate.
Key Developments:
- Over 54,000 Palestinians have been killed, including 14,500 children, since Israel launched its response to the October 7 Hamas attacks, according to Gaza health authorities and UNICEF.
- The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, citing allegations of starvation tactics, murder, and crimes against humanity.
- The United States imposed sanctions on four ICC judges in response, prompting condemnation from UN officials as a threat to the rule of law and judicial independence.
- Legal scholars and human rights experts argue that both Israeli and Hamas actions may constitute violations of the Geneva Conventions, with Israel potentially facing genocide accusations.
The conflict in Gaza is becoming a legal flashpoint for global institutions. On the one hand, Israel continues to defend its military operations as lawful self-defence following the Hamas-led attacks that killed 1,200 people on October 7. On the other hand, major international bodies are investigating whether their actions in Gaza — including reported blockades on food and medical supplies — violate international humanitarian law.
The International Criminal Court’s recent move to seek the arrest of Israel’s top leadership has further polarized global opinion. Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant are accused of crimes, including the starvation of civilians, a tactic Gallant publicly described as a pressure tool to force Hamas into concessions.
"Weaponising food is a war crime," BBC International Editor Jeremy Bowen reported, citing legal analysts and humanitarian law standards.
The U.S. responded with a sharp rebuke of the ICC. Secretary of State Marco Rubio announced sanctions on four of its judges, calling the move to target Israeli and American officials "illegitimate." The UN’s human rights chief, Volker Türk, condemned the U.S. action, warning it undermines judicial impartiality and could embolden war crimes elsewhere.
Meanwhile, humanitarian experts say the situation on the ground in Gaza is approaching collapse. The ICRC reports that Gaza’s population is being "stripped of human dignity," with hunger used as a tool of war and healthcare systems effectively destroyed. "
Humanity is failing in Gaza," said Mirjana Spoljaric, president of the ICRC. "It is surpassing any acceptable, legal, moral, and humane standard."
Israel has denied wrongdoing, arguing that its military complies with the laws of armed conflict. Still, several Western governments — including France, the UK, and Canada — have issued statements condemning the scale of Israel’s campaign and signalled openness to recognizing a Palestinian state.
The broader geopolitical implications are significant. Legal experts warn that undermining global courts, such as the International Criminal Court (ICC), could erode the effectiveness of international law, particularly in future conflicts. As Lord Sumption, former UK Supreme Court justice, stated, "Statements by Netanyahu and his ministers suggest that genocide is the most plausible explanation for what is now happening."
While the term genocide remains contested, international judges concluded there are "reasonable grounds" to pursue the charge. The ICC case, alongside growing diplomatic pressure and potential future sanctions, could significantly alter Israel’s strategic relationships — and redefine accountability standards for conflicts involving state actors.
Source: BBC