Violation of human rights and The Jurisdiction of The International Criminal Court

The territorial disputes between countries will always be a crucial aspect of the doctrine of national sovereignty, even though international law has now introduced the concept of borderless existence to enhance universal cooperation among nations. In reality, territorial disputes still occur in some regions, resulting in significant casualties on both sides of the conflict and often marked by reports of humanitarian tragedies. This research aims, firstly, to identify and analyze humanitarian crimes occurring in the conflict zone between Palestine and Israel and, secondly, to examine the jurisdiction of the International Criminal Court (hereafter referred to as ICC) in handling humanitarian crimes resulting from the conflict between Palestine and Israel. The research methodology employed is normative legal research, utilizing an approach based on legal regulations or international rules and a case-based approach. Secondary legal materials serve as the primary sources, and the research involves library research as well as qualitative descriptive analysis of legal materials. Moreover, The research shows indicate the emergence of victims, particularly women and children, and the extensive damage to non-military public facilities due to the conflict, suggesting indications of violations of the laws of war (humanitarian law). To summary up, The ICC has jurisdiction covering the principles of genocide, crimes against humanity, war crimes, and aggression. A novelty in this research is the affirmation of the ICC's jurisdiction and the United Nations Security Council's obligation to promptly halt the war on humanitarian grounds as an Obligation Erga Omnes. This study is limited to the humanitarian tragedy between Israel and Palestine without considering territorial status based on sovereignty principles.