The Hague Initiative Issues a Report Entitled “Illusion of Justice” and Affirms Israel’s Unwillingness to Investigate Genocide Crimes in Gaza.

The Hague Initiative for Law and Justice has issued a new human rights report entitled “Illusion of Justice: How Israel Has Demonstrated Its Unwillingness to Conduct Genuine Investigations into Genocide Crimes in the Gaza Strip.” The report examines Israeli policies and practices related to the investigation of crimes committed by Israeli occupation forces against Palestinians.

The Initiative states that, based on statistics, legal analysis, and documented testimonies, Israel’s investigative system fails in all respects to meet the international standards applicable to criminal investigations. The report concludes that, through its established investigative mechanism, 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 criteria 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. It finds that the primary purpose of this system 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 its approach or conduct serious and independent investigations.

The report further states that Israel bears direct legal responsibility to investigate genocide crimes committed by Israeli military and political leaders in the Gaza Strip and to prosecute those responsible. It emphasizes that international law requires such investigations to be independent, prompt, and impartial, warning that Israel’s failure or unwillingness to conduct genuine investigations triggers the ICC’s jurisdiction under the principle of complementarity set out in Article 17 of the Rome Statute.

The report reviews Israel’s investigative mechanisms 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 trials. It concludes that Israel does not comply with international standards and that announcing investigations in certain cases merely aims to deflect international criticism, deceive the international community, and directly obstruct the ICC’s jurisdiction.

The Hague Initiative for Law and Justice affirms that Israel’s continued unwillingness to conduct credible and effective investigations into genocide crimes against Palestinians activates Article 17 of the Rome Statute, granting the ICC authority to open an independent and in-depth investigation to hold individuals and commanders accountable for serious violations of international law.

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