A year of accountability for Israel, the first ever since 1948

A man wears handcuffs and a mask depicting Benjamin Netanyahu as they protest outside the Knesset, Israel's parliament. (Photo/Reuters/Ammar Awad)

For over seven decades, Israel violated international laws with little to no consequence as the Zionist state brutally repressed Palestinians across Gaza and the occupied West Bank.

The international community has issued countless condemnations over Israel’s actions – from the forced displacement of Palestinians during the Nakba in 1948 to the relentless occupation and blockade of Gaza – yet rarely followed up the censure with any action.

Impunity, it appeared, was Israel’s constant shield. But 2024 proved to be a turning point.

For the first time in history, accountability for Israel's actions moved from theoretical debate to tangible legal processes, reshaping the international narrative around its crimes.

At the centre of this shift were four landmark legal cases that challenged Israel’s unchecked power, changing the status quo on justice and accountability.

1. South Africa v. Israel: Genocide case at the ICJ

South Africa’s bold move to sue Israel for genocide at the International Court of Justice (ICJ) under the 1948 Genocide Convention was a breakthrough in 2024.

The case documented Israel’s excruciating acts: mass killings, systematic destruction of Palestinian homes, and forced displacement — all evidence of intent to destroy a people that is tantamount to genocide.

The Court will determine whether Israel has committed genocide, paving the way for Tel Aviv’s prosecution for it.

Munir Nuseibah, a human rights lawyer and academic, believes the ICJ case is highly significant.

“The South Africa versus Israel case definitely marks a pivotal moment in holding Israel accountable through a binding process that will most likely confirm Israel has actually committed a genocide against Palestinians,” says Nuseibah, a law professor at the Jerusalem-based Al-Quds University.

Though the case is still ongoing, the ICJ responded with emergency measures in January, ordering Israel to allow humanitarian aid into Gaza and to take steps to prevent further genocidal acts.

While Israel has defied these orders, the case forced the world to confront the gravity of its crimes.

“Based on the overwhelming evidence, I believe the court will conclude that Israel has committed genocide in Gaza,” Nuseibah tells TRT World. “This means Israel will be required to repair all reparable damage, cease its actions, and guarantee non-repetition to the Palestinian people.”

South Africa’s legal challenge has also spurred a global response, with over 15 countries – including Ireland, Spain, and Türkiye – joining the case, invoking their obligations under the Genocide Convention.

“The involvement of other countries in this case is crucial. Türkiye and others joining South Africa's efforts at the ICJ is a significant step,” Nuseibah adds.

Professor Asif Qureshi from the Peking University in China offers similar views, stressing that South Africa's case serves as a focal point in scrutinising Israel's actions in Palestine.

“South Africa's case…provides a powerful focus on Israel's activities in occupied Palestine. Even pronouncements from the court contribute to justice and set the stage for accountability, let alone specific orders from the Court,” says Qureshi, who teaches at the university’s School of Transnational Law.

Qureshi underlines that the court’s deliberations must translate into action at all levels – international organisations, national governments, and NGOs.

“These deliberations should be viewed as part of a broader set of cases addressing Israel’s conduct, aiming to mobilise legal mechanisms internationally and nationally, including holding complicit states accountable,” Qureshi tells TRT World.

2. ICC arrest warrants for Netanyahu and Gallant

In November, the International Criminal Court (ICC) also made history by issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over their war crimes and crimes against humanity, including using starvation as a weapon and collective punishment.

The charges represent the first time sitting leaders of a state with strong Western alliances have faced such accountability.

The implications of the warrants are inevitable – any member state of the Rome Statute is now obligated to arrest Netanyahu or Gallant if they step foot on its soil.

But the ramifications extend further.

By targeting Israel’s top leadership, the ICC has set the stage for broader accountability mechanisms. Military officials, corporate entities, and other actors complicit in Israel's systematic crimes may now find themselves under legal cases.

“The ICC has already issued arrest warrants for Netanyahu and Gallant, and I believe more warrants will follow for others responsible for genocide, war crimes, and crimes against humanity in Palestine,” Nuseibah says.

“This is something certainly that we should expect in the future.”

A dozen European countries, including Spain, Ireland, and the Netherlands, have already indicated they will honour the ICC’s decision.

3. Nicaragua v. Germany: Holding enablers accountable

Nicaragua's lawsuit against Germany for complicity in genocide is another milestone in the fight for justice for Palestine in 2024.

By bringing Germany before the ICJ, Nicaragua is challenging the complicity of states that supply arms and resources to countries committing atrocities.

The lawsuit accuses Germany of enabling Israeli war crimes, crimes against humanity, and genocide in Palestine through its provision of weapons and material support.

While the focus is on Germany, the case will have a major impact on the broader issue of third-party accountability, spotlighting nations whose military support sustains Israel’s genocide in Gaza.

Nuseibah believes Nicaragua’s case is vital not only for Palestine but for all humanity because it forces countries to reconsider relationships with states committing such crimes.

If the court finds Germany complicit, it will force Berlin to repair the damage caused to Palestine and reassess its role. More broadly, the case sets a precedent, urging all states to stop aiding regimes accused of grave violations.

“It is important for countries to know that while genocide, war crimes, and crimes against humanity are ongoing, you need to revise your relationship with the country that is doing that,” says Nuseibah.

“If you're not sanctioning it, at least you cannot support it. You cannot provide it with arms that will allow it to continue with this genocide,” he adds.

Drawing from international environmental law’s push to include "ecocide" in the Rome Statute, Professor Qureshi proposes a new term, such as "itocide," to describe trade practices enabling serious violations of humanitarian and criminal law.

While such acts already fall under "aiding and abetting" these violations, Qureshi argues that conceptualising them could serve better accountability.

“This concept could serve two purposes: mainstreaming such violations into international economic law and expanding the scope of accountability within the framework,” Qureshi explains.

4. Landmark ICJ ruling deemed Israel’s occupation illegal

In a long-overdue decision, the ICJ also delivered a historic ruling in July, declaring Israel’s occupation of Palestinian territories since 1967 unlawful.

This groundbreaking judgment went beyond merely condemning illegal settlements but addressed deeper injustices, the exploitation of Palestinian resources and the systematic denial of their right to self-determination, violations that have defined Israel’s occupation for decades.

Requested by the UN General Assembly in 2022, the court’s opinion not only fortified the legal framework for holding Israel accountable but also amplified calls for immediate international action.

What lies ahead in 2025?

As 2024 ends, the fight for justice and accountability faces critical tests.

The legal landscape is shifting, with efforts to hold Israel accountable challenging long-standing norms. Recent actions have laid the groundwork for change, but their success depends on navigating unresolved legal questions and the international community's will.

Professor Qureshi describes these efforts as pivotal, with the potential to reshape international law and relations. He also underlines the need to address the unchecked veto power of UNSC permanent members on matters of jus cogens, the highest principles of international law.

“It is a poor argument to assert that diplomacy should be given more time when the very purpose of the UNSC is to act decisively when diplomacy fails,” he argues.

The ICC warrants, the ICJ ruling on South Africa’s genocide case, and Nicaragua’s lawsuit against Germany all hold transformative potential and the outcomes of these efforts will define the coming year.

The events of 2024 have shattered the myth of Israel’s untouchable impunity but achieving justice requires sustained global commitment.

Professor Nuseibah emphasises that extensive documentation of Israeli crimes is already underway, capturing deliberate attacks on civilians, the use of starvation as a weapon, and severe torture in prisons. However, as he stresses, that documentation alone is not enough.

“What we actually need is sanctions.”

“Sanctions are the only effective way to compel Israel to comply with international law. States must move beyond condemnation and impose measures affecting trade, culture, and other relationships. This is the only way that international law can be enforced, ” Nuseibah adds.

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Source: TRT