Illusion of Justice:“How Israel Has Demonstrated Its Unwillingness to Conduct Genuine Investigations into Genocide Crimes in the Gaza Strip.”

How Has Israel Demonstrated Its Unwillingness to Conduct Genuine Investigations into Genocide Crimes in the Gaza Strip

This report, based on statistics, legal analysis, and documented testimonies, presents clear evidence that Israel’s investigative system fails in all respects to meet the international standards applicable to criminal investigations. It concludes that, through the investigative mechanism outlined therein, Israel demonstrates both genuine unwillingness and inability to investigate violations and crimes committed by its political and military leaders—thereby satisfying one of the admissibility conditions recognized by the International Criminal Court (ICC).

Through the analysis of multiple cases and incidents, the report shows that Israel’s investigative system lacks effectiveness in pursuing violations and holding perpetrators accountable. The primary purpose of this system, the report finds, is to mislead the international community and the ICC by announcing formal and superficial investigations that do not lead to real outcomes. Accordingly, the report identifies no future indications of Israel’s willingness to change course or conduct serious, independent investigations.

The report further asserts that it is no longer tenable for Palestinian human rights organizations to continue engaging with Israel’s investigative system under its current mechanisms, as these investigations do not seek truth or justice. Rather, they aim to create a false appearance of accountability, obscure facts, sanitize grave crimes committed by Israeli soldiers, and provide protection and immunity to occupying forces—thereby enabling impunity.

The report reviews Israel’s investigative procedures for crimes and violations and its handling of complaints submitted by Palestinians, documenting numerous cases brought by victims’ families through human rights organizations to the Israeli Military Advocate General without resulting in genuine accountability or serious prosecutions. It concludes that Israel does not comply with international investigative standards and that announcing investigations in select cases merely serves to deflect international criticism, deceive the international community, and directly obstruct the ICC’s jurisdiction.

In this context, the Hague Initiative for Law and Justice states that the report’s findings conclusively demonstrate Israel’s unwillingness to conduct genuine investigations into violations by its leaders and soldiers—thereby triggering Article 17 of the Rome Statute and granting the ICC authority to open an independent and in-depth investigation to hold individuals and commanders accountable for serious violations of international law.

Affirming the absence of any prospect for justice through misleading Israeli investigations, the Initiative recommends that all Palestinian human rights institutions and relevant stakeholders cease submitting complaints to the Israeli Military Advocate General and other Israeli investigative bodies and announce a boycott of these mechanisms until a fundamental reform of the investigative system occurs, in light of established practice showing these mechanisms primarily entrench immunity and mislead the international community and the ICC.

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Illusion of Justice:“How Israel Has Demonstrated Its Unwillingness to Conduct Genuine Investigations into Genocide Crimes in the Gaza Strip.”