Abstract
In the tense sphere of international conflicts—where the twenty-first century continues to witness the persistence and escalation of armed confrontations and the occurrence of international crimes—the International Criminal Court (ICC), established in 2002 under the 1998 Rome Statute, plays an indispensable legal role in prosecuting and punishing such crimes. The Court seeks to deliver justice to victims of serious international offenses, including war crimes, crimes against humanity, the crime of aggression, and genocide. However, the Court’s performance under different international circumstances has been inconsistent, with factors such as access to evidence, international support, and political pressures playing a significant role in either enhancing or impeding its effectiveness. Against this backdrop, the present study addresses the following central question: Why has the ICC acted more dynamically and effectively in responding to war crimes in Ukraine, while facing greater delays, resistance, and legal obstacles in the Gaza crisis? The main hypothesis of this research asserts that variations in jurisdictional acceptance, the level of international support, and diplomatic engagement are the key factors behind these divergent trajectories. Using a qualitative and comparative approach and drawing upon ICC documents, international reports, and analytical studies, this article examines the Court’s performance in both crises and identifies the factors influencing its effectiveness. The findings reveal that while the ICC has encountered multiple challenges in both contexts—including restricted access to conflict zones, difficulties in evidence collection, and political pressures—stronger international support in the case of Ukraine has accelerated judicial processes. By contrast, the political and legal complexities surrounding Gaza, particularly Israel’s non-membership in the Rome Statute, have created far greater obstacles for the Court. This analysis contributes to clarifying the factors that shape the ICC’s effectiveness under varying conditions and its role in achieving international criminal justice.