The Israeli military operation against the Gaza Strip of 27 December 2008 – 18 January
2009 (so-called Operation Cast Lead) started a critical debate at the international level on
the alleged war crimes and crimes against humanity committed in Gaza. In September
2009 the UN Fact Finding Mission on the Gaza Conflict presented its results: the Goldstone
Report, named after the president of the mission, found that grave violations of international
law, humanitarian law and human rights had been committed by both sides
of the conflict, but in particular by the Israeli side. The report also denounced the possible
commission of war crimes and crimes against humanity and called for proper accountability
mechanisms at the national and international level. The report’s conclusions and
recommendations were endorsed by the UN Human Rights Council and by the General
Assembly amidst high political pressure. In case of lack of proper domestic investigations
and prosecutions, it was recommended the recourse to international justice mechanisms,
and in particular to the ICC. The ICC Prosecutor in fact had opened a preliminary examination of the situation, but difficulties arose because of the uncertain status of Palestine
under international law. In the meanwhile, the principle of universal jurisdiction seems
to represent the only available, although difficult, option in the search for justice and accountability.
The Gaza situation can be seen as a test case for international justice and
sheds a light on the role of international institutions in the difficult mix of law and politics
that is the feature of international justice.
