Uluslararası mahkemeler ve Filistin'deki insan hakları uygulamaları

This thesis investigates how international judicial institutions contribute to the enforcement of human rights within the Occupied Palestinian Territories. It raises three main research questions: How effective have the International Criminal Court and the International Court of Justice in enforcing human rights in Palestine? What legal and political obstacles limit their functionality? And what potential strategies could enhance their influence? Adopting a qualitative method, this study has consulted the advisory opinions of the ICJ, the ICC process (for example, the investigation launched on Gaza in 2021), United Nations documents and various academic sources. Through comprehensive analysis, the many jurisdictional and procedural challenges as well as geopolitical challenges faced by these courts are revealed. Although landmark rulings like the ICJ's 2004 Advisory Opinion on the legality of the separation wall and the ICC's jurisdiction over alleged crimes offer critical legal frameworks, their practical enforcement remains limited by international political dynamics, particularly the lack of cooperation from the UN Security Council and Israel's refusal to comply. The ICC's ongoing investigations, while symbolically important, continue to face significant delays due to issues of evidence collection and legal procedure. Also, the findings underscore the importance of international courts in enforcing human rights, yet highlight the urgent need for institutional reforms. Key recommendations include limiting the Security Council's veto power, advancing the doctrine of universal jurisdiction, and investing in Palestinian legal infrastructure.