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Published on: November 20, 2016
International legal responses to war crimes and genocide: a comparative analysis of Gaza, Ukraine, and Myanmar
Khaled Mohammad Khwaileh1, Muayad Ahmad Obeidat1, Hanadi Sharif Murad Mohamed1
1College of Law, University of Khorfakkan, Sharjah, United Arab Emirates.
Abstract:
War crimes and genocide represent the most serious breaches of international law, testing not only the international community's capacity to uphold justice but also the fundamental moral and ethical stability of the global order. This paper provides a socio-legal analysis of how international law addresses such atrocities, focusing on three contemporary contexts: the Gaza conflict, Russia's war in Ukraine, and the persecution of the Rohingya in Myanmar. It reviews the legal definitions of atrocity crimes under the Geneva Conventions, the 1948 Genocide Convention, and the Rome Statute, before examining principal accountability mechanisms, notably the International Criminal Court (ICC), the International Court of Justice (ICJ), and national courts exercising universal jurisdiction. The analysis demonstrates how each case mobilizes international justice while navigating profound political and social obstacles. Despite institutional expansion, persistent challenges undermine effectiveness, including jurisdictional gaps, enforcement paralysis, and the decisive influence of great-power politics. The findings reveal that legal mechanisms cannot be divorced from their political realities, selective enforcement exacerbates collective trauma and destabilizes the international system. The research concludes that confronting impunity requires a multifaceted approach that integrates individual criminal liability, state responsibility, and a renewed political commitment to the ethical dimensions of global governance.
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