Crimes de lesa humanidade no conflito Israel-Hamas: reflexões sobre a possibilidade de responsabilização dos envolvidos junto ao Tribunal Penal Internacional

Abstract

This paper analyzes the potential accountability of those involved in the Israel-Hamas conflict for crimes against humanity before the International Criminal Court (ICC). The research covers the ICC's history, principles, and the crimes falling under its jurisdiction, followed by a summary of the geopolitical context of the conflict, with a focus on the events of October 7, 2023. It examines the fundamental decision by the ICC's Pre-Trial Chamber that recognized the court's jurisdiction over Palestinian territory based on Palestine's adherence to the Rome Statute, which enabled the issuance of arrest warrants for leaders from both Israel and Hamas. Finally, the paper theoretically scrutinizes actions by both sides that could be classified as war crimes and crimes against humanity, according to investigations by the ICC Prosecutor.