Following Israel's declaration of independence in 1948 and the coalition of Arab states neighboring Israel, including Egypt, Syria, Iraq and Lebanon against Israel, the first war between Arabs and Israelis, known as the War of Independence, began. Since then, the conflicts and tensions between Israel and Palestine, including the wars of 1956, 1967 and 1973, have been continuous and continue until now. However, the conflicts related to October 2023 have taken a different form, so the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) announced in a report that 2023 will be the "bloodiest year" for Palestinians in the West Bank since 2005. It is time to start recording and documenting the number of victims of Israeli army attacks and Jewish settlers by the United Nations. The killing of thousands of Palestinians and the displacement of more than one million people and how the international community reacts to the events that are taking place have put the effectiveness of international legal rules in the balance of "rule of law" and "rule of force". Therefore, analyzing the dimensions of this conflict from the perspective of international criminal law is important. The problem of this research is that; is it possible to accept the claim of committing war crimes or the crime of genocide by Israel and accept the jurisdiction of the International Criminal Court? The current research with the descriptive-analytical method and to develop international law literature with the approach of "resistance" seeks to evaluate these issues and seeks to provide solutions that "power" is subordinate to "laws" and not "laws" as a tool for the justification of actions is due to power.