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Abstract

This paper concerns the conflict in Gaza that started on the Seventh of October, 2023, and is ongoing. It intends to explain the judicial institutions that prevent and punish atrocity crimes, particularly the International Court of Justice (ICJ) and the International Criminal Court (ICC). Additionally, this paper provides an objective analysis of some controversial issues brought about by the conflict. It addresses issues of controversy by answering the following questions: first, why are both the ICJ and ICC involved in the current conflict in Gaza?; second, why does Israel argue that judicial proceedings should treat acts committed in Gaza as acts of war rather than genocide?; third, why did the ICJ not include a ceasefire in its orders for provisional measures?; finally, what are the implications of the ICJ's provisional measures for states providing aid to Israel in the commission of alleged genocide?

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