Is documentation enough to achieve justice? Since the onset of the Israeli war on Gaza in October 2023, human rights organisations have relentlessly documented severe violations.

Reports from Amnesty International, Human Rights Watch, and United Nations fact-finding missions have recorded the use of excessive force, indiscriminate bombing, targeting of civilians and a comprehensive siege on the population.

Yet, despite this meticulous documentation, these crimes have not translated into prompt prosecutions. Is documentation merely a cry in the dark? Or is there a structural flaw in the international judicial system that prevents justice from taking its course?

Why do crimes remain ‘documented’ without accountability?

According to the Palestinian Ministry of Health in Gaza, the number of civilian casualties since the war began on 7 October 2023, until June 2025, has exceeded 54,000 Palestinian deaths, the majority of whom are civilians, including thousands of women and children.

UN experts have stated that the siege of Gaza and the denial of humanitarian aid and medical supplies amount to genocide.

The Israeli occupation has used starvation as a weapon of war, imposing a stringent blockade on Gaza since March 2024, which has prevented the entry of food, medicine, and humanitarian aid, creating an imminent risk of famine among the sector’s 2.3 million residents.

International condemnation:

In May 2025, more than 20 UN experts described the situation in Gaza as a “potential genocide” and called for urgent action to prevent further loss of life.

In July 2024, Amnesty International documented cases of arbitrary detention and torture of 27 Palestinians from Gaza, including a 14-year-old child, under Israel’s so-called “Unlawful Combatants Law”.

The organisation noted that some detainees were subjected to enforced disappearance and torture, in flagrant violation of international law.

Despite these reports, Israel has not been held accountable for these crimes and has continued its practices.

Why?

Documentation, while crucial, lacks enforcement power. Even when cases are brought to the International Criminal Court, obstacles arise from the outset.

What hinders the work of the International Criminal Court?

Lack of co-operation from non-member states

Israel is not a member of the ICC and refuses to co-operate with it. In May 2025, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant on charges of using starvation as a weapon of war and committing crimes against humanity.

However, the execution of these warrants is unlikely due to the lack of effective international co-operation. The ICC lacks an international police force and relies on member states to enforce its decisions. If states refuse to comply, rulings remain mere ink on paper.

Political pressures and international interventions

In February 2025, the United States imposed sanctions on ICC officials due to their investigations into Israeli war crimes.

This followed an intense pressure campaign since the Trump administration, which labelled the ICC as “biased” and threatened to cut its funding.

The UK and several European countries also objected to the ICC’s jurisdiction to investigate crimes committed in Palestine, slowing the pace of investigations.

How does the US veto shield the Israeli occupation?

The UN Security Council is the only body capable of referring international crimes to the ICC, but it is paralysed by the US veto.

Since the onset of the Israeli genocide in Gaza in October 2023, the US has used its veto five times to block resolutions calling for a ceasefire or facilitating humanitarian aid. Four of these vetoes occurred under President Biden, and one under President Trump.

Notable Veto Cases Related to Gaza:

• 18 October 2023: The US vetoed a resolution calling for a “humanitarian pause” in military operations in Gaza.
• 8 December 2023: The US blocked a resolution demanding an immediate humanitarian ceasefire, despite support from 13 Security Council members. (UN News)
• 20 February 2024: The US vetoed an Algerian draft resolution calling for an immediate ceasefire, despite support from 13 members and the UK’s abstention. (Anadolu)
• 20 November 2024: The US blocked a resolution calling for a permanent and unconditional ceasefire, despite support from 14 other member states.
• 4 June 2025: The US vetoed a draft resolution calling for a ceasefire and access to humanitarian aid in Gaza, despite unanimous support from all 14 other Security Council members.

From 1970 to 2024, the US used its veto 87 times, 49 of which were to protect Israel. This confirms that the veto has become a tool to paralyse justice rather than enable it.

Double standards: Ukraine as an example

In 2022, just weeks after the war in Ukraine began, the ICC issued an arrest warrant for Russian President Vladimir Putin on charges of forcibly deporting children.

In contrast, in the case of Gaza, after the killing of over 54,000 Palestinians, mostly women and children, Israeli leadership faced no accountability for more than a year and a half, and even after arrest warrants were issued, they were not enforced.

The message?

International justice is applied to the weak and not to the powerful.

What is the scale of crimes committed in Gaza?

• Civilian casualties: Since 7 October 2023, more than 54,000 Palestinians have been killed, according to Gaza’s Ministry of Health. Children account for approximately 40% of the victims.
• Starvation as a weapon: Since March 2024, Israel has imposed a comprehensive siege on Gaza, leading to widespread famine and severe shortages of water and medicine.
• Potential genocide: In May 2025, more than 20 UN experts warned of an “imminent genocide”, calling for urgent action.

Lack of political will fuels genocide and expands aggression

Relying solely on documentation without genuine enforcement measures does not stop crimes; it entrenches a culture of impunity.

When perpetrators see that human rights reports are not followed by prosecutions, international sanctions, or tangible action from the Security Council due to the US veto, the result is not only the continuation of crimes but also their escalation and geographical expansion.

In the case of Gaza, US protection has provided Israel with a political shield, allowing it to continue bombing hospitals, refugee camps and humanitarian facilities while deliberately starving the population.

With every new veto, the scale of atrocities grows, and hope for ending the aggression diminishes.

But the danger does not stop at Gaza

The repercussions are now spilling into Lebanon and Syria, where Israel has repeatedly bombed Damascus and Aleppo airports and assassinated leaders and civilians deep within Syrian and Lebanese territory. Israel knows full well that the international system will not hold it accountable and that the veto is ready to protect it if needed.

Civilians are paying the price:

• In Gaza, people are besieged to death by starvation or bombardment.
• In Lebanon, residents in the south live under daily airstrikes amid state paralysis.
• In Syria, Israeli strikes have become part of an open war with no deterrence.

The absence of legal deterrence is not just a moral failure but a strategic disaster: it encourages Israel to view military force as a natural means of managing relations with its neighbours, rather than diplomacy or law.

Does complicity become partnership in crime?

The US’ use of the veto and its provision of weapons to Israel cannot be explained as mere “support for an ally”. According to DAWN reports, Washington increased its military aid to Tel Aviv in 2024 despite documented atrocities. This places the US in a position of legal and moral responsibility as a “partner in crime”.

Are there alternatives for achieving justice?

Global public pressure

Student protests in US and European universities, along with academic and cultural boycott campaigns, confirm that public opinion is no longer silent.

National courts with universal jurisdiction

Some countries, such as Spain, Belgium, and Germany, allow lawsuits against war criminals under “universal jurisdiction,” as seen in cases against Syrian and Rwandan officials.

Systematic documentation for future use

Current documentation, while not achieving immediate justice, can serve as compelling evidence in the future. Justice does not expire with time.

Conclusion: is there a will for justice?

Political will, not evidence, is what is lacking to achieve justice in Gaza. Human rights organisations have fulfilled their role in documentation. But when will the international system fulfil its role in accountability?

Political complicity in the Security Council and impunity do not only destroy Gaza, but also reshape a regional landscape defined by perpetual wars and open-ended civilian suffering in several countries.

The international system stands at a crossroads: it can either become a tool for justice or remain an instrument of oppression. Documentation alone is not enough; the lives lost in Gaza need more than reports. Political will is the missing link.

If nothing changes, we face a global system that legitimises injustice rather than combats it. Justice, if not applied to all, becomes a tool wielded only by the powerful.

The views expressed in this article may or may not reflect those of Pearls and Irritations.

In June, support Pearls and Irritations with a one-off tax-deductible donation

For the month of June Pearls and Irritations is running a fundraising campaign through the Australian Cultural Fund. Your donation will support the development of content for topics of particular of interest to Australia - Palestine, China, Climate Change and Immigration Policy and the development of a Young Writer’s Handbook to encourage new young writers.

Please make your tax deductible one-off donation here.