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LONDON: As international concern has grown over alleged Israeli war crimes in the occupied Palestinian territories since October 2023, Israel has repeatedly pledged to investigate and hold perpetrators to account. But what, if anything, have those investigations achieved?

The latest incident to spark global outrage occurred on Aug. 25, when Israel struck Al-Nasser Hospital, Gaza’s main medical facility in the south. At least 20 people were killed, including rescuers, critically ill patients, medical staff, and five journalists, and 50 others were injured, according to the World Health Organization.

A livestream by Al Ghad TV captured a second airstrike hitting a crowd outside the hospital, where victims, rescuers, and journalists had gathered. Medical staff told the BBC that the same spot had already been struck just ten minutes earlier.

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Rights groups and world leaders condemned the twin strike and called for immediate investigations.

The Foreign Press Association in Israel and the occupied Palestinian territories described the attack as a “turning point,” urging Israel to “halt its abhorrent practice of targeting journalists.”

For its part, the Committee to Protect Journalists warned that the killing of the five journalists, including staff for The Associated Press, Al Jazeera, and Reuters, could constitute a war crime.

“Journalists are civilians. They must never be targeted in war. And to do so is a war crime,” Jodie Ginsberg, CPJ’s chief executive, said in a statement.

As on many previous occasions when accused of potential war crimes, Israel quickly promised to investigate. Prime Minister Benjamin Netanyahu said the double attack on Al-Nasser was a “tragic mishap,” which his country “deeply regrets.”

He added that the military authorities were “conducting a thorough investigation.”

But the next day, the UN pressed Israel to go beyond pledges and deliver results.

“There needs to be justice,” UN Human Rights Office spokesman Thameen Al-Kheetan told AFP in Geneva, stressing that the large number of journalists killed in the Gaza war “raises many, many questions.”

He added that while Israel has previously announced inquiries into such killings, “we haven’t seen results or accountability measures yet.”

Hours later, Israel released an “initial inquiry,” saying its troops had “identified a camera that was positioned by Hamas in the area of Al-Nasser Hospital.”

They claimed the camera was “being used to observe the activity of Israeli Defense Forces troops,” and so they “operated to remove the threat by striking and dismantling the camera.”

When Israel does not launch inquiries, it resorts to outright denials. Despite arguing its forces do not target journalists, its officials’ own public remarks contradict this.

Earlier this month, following the killing of Al Jazeera journalist Anas Al-Sharif and four colleagues outside Al-Shifa Hospital, Israeli officials claimed without evidence that Al-Sharif was part of a Hamas cell.

Critics say Israel’s self-investigation into high-profile allegations of wrongdoing follows a familiar pattern. Research published in early August by UK-based charity Action on Armed Violence found the IDF’s system of probes riddled with impunity.

AOAV’s research highlighted that of 52 high-profile investigations into suspected war crimes in Gaza and the occupied West Bank since October 2023, 88 percent remain “under review” or were closed with no findings. Only one resulted in a prison sentence.

Those cases involved more than 1,300 deaths, 1,880 injuries, and two cases of torture. Only three incidents led to dismissals or reprimands.

Critics warn that Israel’s system of self-investigation enables continued abuses and hollow claims to democratic rule of law. But can this “political theater,” as AOAV put it, withstand growing international scrutiny?

“We’ve basically had years, if not decades, of established fact that this is the trend for the Israeli military and security forces in general — the pattern of systematic impunity has been very evident,” said Amjad Iraqi, senior Israel-Palestine analyst at the International Crisis Group.

“Both Palestinian and Israeli organizations have documented this for ages, so this latest study is only (re)affirming what has been a longstanding pattern,” Iraqi told Arab News. “What this means is that the knowledge is there; the evidence is there.”

What is missing, Iraqi said, is political will abroad. “With such a highly documented war — (marked by) countless suspected war crimes and possible crimes against humanity — there is very little wiggle room,” he added, referring to the onslaught on Gaza.

“There is an abundance of facts and evidence, and Israeli authorities cannot escape them.”

Since Oct. 7, 2023, when the Hamas-led attack on southern Israel triggered the war in Gaza, the UN Human Rights Council, the Commission of Inquiry, and the International Criminal Court have all accused Israel of crimes ranging from indiscriminate attacks on civilians to deliberate starvation and torture — allegations Israel has denied.

On Aug. 22, the UN-backed Integrated Food Security Phase Classification confirmed famine in Gaza City and surrounding areas, with more than half a million people — a quarter of the population — across the enclave facing “catastrophic” levels of hunger. The report described the crisis as “entirely man-made.”

Israel dismissed the findings as an “outright lie” and went as far as to accuse the IPC of using unreliable data controlled by Hamas. But bodies including Medecins Sans Frontieres have also been collecting their own data on acute malnutrition.

In addition, aid agencies have long accused Israel of obstructing food deliveries and even “weaponizing aid.” The UN reported that between late May and late June, at least 1,373 Gazans were killed while seeking food at aid distribution sites run by the US- and Israel-backed Gaza Humanitarian Foundation.

Israel consistently responds to criticism about its internal investigations by asserting that its inquiries are prompt, independent, and in line with both Israeli and international law, and that they demonstrate the country’s commitment to accountability.

In official statements given to AOAV, the IDF emphasized the existence of a permanent independent fact-finding mechanism, which it claims operates “outside the chain of command” and is “subordinate to the Chief of Staff,” with “professional independence.”

The IDF states that “exceptional incidents” are reviewed to clarify circumstances and, where there is “a prima facie reasonable suspicion of a criminal offense,” a criminal investigation is opened and run by Military Police.

Israeli officials claim that international courts like the ICC have no jurisdiction precisely because Israel’s domestic mechanism is “robust and credible,” referencing the international law principle of complementarity.

Despite Israel’s denials, international scrutiny continues to mount. Iraqi noted that “even as the Israeli military carries out these policies and practices, its leaders have openly expressed concern.”

“Much of what has happened over the past two years has crossed multiple lines under international law,” he said. “And generals themselves have acknowledged fears of greater exposure to international prosecution.

“The fact that governments are speaking more openly, and that lawsuits invoking universal jurisdiction are being filed against senior commanders and generals, has begun to worry the Israeli military.”

Indeed, Canada’s federal police opened a “structural investigation” in June into alleged crimes in Gaza. The Times of Israel reported that several Canadian citizens who served in the IDF now fear returning home where they could face prosecution.

Iraqi said that IDF personnel “have been accustomed to impunity, relying on the facade of complementarity to shield themselves from outside accountability.”

“But as the ICC arrest warrants and the findings of many governments show, the facade is widely recognized,” he added, reiterating that the question is “whether they will ultimately act on it.”

On Nov. 21 last year, the ICC issued arrest warrants for Netanyahu and his former defense minister, Yoav Gallant, for alleged war crimes and crimes against humanity in Gaza since Oct. 2023.

Though no ICC member state has acted to detain them, Netanyahu has avoided travel to countries bound by the Rome Statute. But when he visited Hungary in April, its leadership welcomed him and said it would leave the ICC because it has become “political.”

And while many governments around the world have condemned Israel’s actions in Gaza, they have stopped short of action.

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For example, a joint statement by the UK, Australia, Germany, Italy, France, Canada, Austria, Norway, and New Zealand criticized Israel’s latest Gaza offensive, warning that it will “aggravate the catastrophic humanitarian situation… endanger the lives of hostages,” and “risk violating international humanitarian law.”

Iraqi stressed that “change is urgently needed because real consequences abroad could begin to shift political and military behavior.”

“It comes down to international actors calling the bluff of internal Israeli investigations, which rarely lead to anything substantial, and pressing for genuine accountability to curb Israeli policies and practices,” he said.

“It may not be immediate, and the legal process will always take time. But the psychological effect is already significant, as it could influence behavior and help curb some of the worst excesses, especially at this moment.”
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