International Criminal Responsibility Arising from the Targeted Killing of Political Leaders: A Case Study of Developments in Yemen and Gaza

Abstract

The targeted killing of political leaders, as one of the modern modalities of the use of force in contemporary armed conflicts, constitutes one of the most contentious issues in international criminal law. This phenomenon, which is often justified on grounds such as self-defense, the prevention of security threats, or counterterrorism, in practice lies at the intersection of two legal regimes—international human rights law and the law of armed conflict—thereby rendering the assessment of the ensuing international criminal responsibility highly complex. The present study aims to analyze the possibility of attributing international criminal responsibility for the targeted killing of political leaders within the framework of the Rome Statute of the International Criminal Court, with a specific focus on developments in Yemen and Gaza. Adopting an analytical–descriptive approach and drawing on international instruments, legal doctrine, and judicial practice, the research demonstrates that although “targeted killing” is not expressly предусмотрed as an autonomous crime under the Rome Statute, it may, depending on the legal status of the victim, the nature of the conflict, compliance with or violation of the principles of distinction, proportionality, and military necessity, and the existence of a state or organizational policy, be prosecutable under categories such as war crimes (Article 8) or crimes against humanity (Article 7). The examination of the Yemen and Gaza case studies reveals that expansive interpretations of the concept of direct participation in hostilities, ambiguity in distinguishing between political leaders and military commanders, and the absence of effective judicial oversight have facilitated widespread violations of peremptory norms of international law. The findings indicate that, from a legal standpoint, the International Criminal Court possesses the requisite capacity to prosecute such acts; however, practical constraints—including jurisdictional challenges, lack of state cooperation, and political pressures—have undermined its effective functioning. Ultimately, the study underscores the necessity of conceptual clarification of targeted killing, the strengthening of cooperation mechanisms with the Court, and the further development of international judicial practice.