The Pretense of Justice

Israel’s unwillingness to genuinely investigate and prosecute allegations of international crimes committed against Palestinians

Fiona Thorp
European Center for Constitutional and Human Rights (ECCHR)
Report
2025

With its report The Pretense of Justice, ECCHR presents an analysis of the Israeli justice system’s persistent  unwillingness to genuinely  prosecute international crimes committed against Palestinians. The report demonstrates that Israel’s self-portrayal as a “rule of law-abiding state” is untenable.

Israel rejected the arrest warrants issued by the International Criminal Court against Prime Minister Netanyahu and Defense Minister Gallant, claiming that its own judicial system was capable of independent prosecutions – a position supported by the German government. Our investigation, however, reveals a decades-long entrenched culture of impunity: even egregious violations such as war crimes or incitement to genocide remain unpunished when state actors are responsible. Equality before the law is, in practice, denied to Palestinians.

Particularly in the context of the war in Gaza, with its massive civilian casualties and widespread destruction of civilian infrastructure, it is clear that national proceedings remain inadequate and that alleged perpetrators are systematically shielded from accountability. Where domestic legal avenues are blocked, international criminal justice must step in – whether through the ICC or through third states acting under the principle of universal jurisdiction. Only then can entrenched impunity be broken and international law upheld.