The proportionate punishment of those who commit crimes against humanity has always been a serious concern. In line with this concern, international criminal courts in Nurnberg, Tokyo, Yugoslavia, Rwanda and ultimately International Criminal Court were established. The major aim of these efforts is to avoid impunity of criminals and to prevent the reoccurrence of these crimes. But what happened in occupied Palestine - Gaza in particular – emphasized that there are still serious impediments to achieve his goal. Freedom of those who committed crimes in Gaza from prosecution in a legitimate neutral and just authority will pave the way for similar crimes by the Zionist regime. Although there are some impediments for legal and just prosecution of criminals, some capacities in international criminal law and domestic law provide the ground for criminal prosecution by domestic courts of other countries through implementing the global authority.