The Selective Application of Justice: Comparing ICC Investigations in Ukraine and Palestine

Abstract

This study provides a comparative examination of Palestine and Ukraine to critically investigate the International Criminal Court’s (ICC) alleged selective application of international justice. Following the Russian invasion of Ukraine in 2022, the ICC acted quickly to open an investigation into potential war crimes, with accountability for alleged violations in Palestine evident in the literature but never proceeding beyond the ICC’s “preliminary examination phase”. A comparative case study framework enables this study to evaluate how a number of political, legal, and normative issues shape ICC decision-making. The study reviews the impact of political pressure, sharing power with states, issues of recognition regarding statehood, issues of mobility of individuals, and other diplomatic pressures on the timing, extent, and purposes of the investigations. By assessing official statements from the ICC and the literature, and empirical indicators from social justice organizations focused on Palestine, this study successfully illustrates the tension in the legal obligations and political realities for the Court. Ultimately, the findings show how selectivity can impact normative authority and public trust—a discussion taking place within the broader conversation regarding accountability, impartiality, and legitimacy of international criminal justice. This paper highlights the prospects and challenges for enhancing fairness, credibility, and accountability in global justice institutions, emphasizing the necessity of institutional reforms and measures to promote equal application of international law.