While that's technically true, they were elected in 2006 and since then no elections have been held. Not only that, members of the Hamas murdered Fatah rivals in the years that followed. Not to mention that most of the population today in Gaza are so young that they didn't even vote Hamas in.

So while they have majority support, it's not like they've had any real alternative.

It doesn't matter. Hamas is not a member of the ICJ. The state of palestine is a member but hamas aren't recognized as the representive of the state of palestine.

Additionally, the state of palestine is not a party to this case.

So no, the icj cannot tell hamas to do anything. The only people it can give orders to in this case are israel and south africa.

Hamas's crines are the juridsiction of the ICC.

Hamas is the elected body of Gaza. It also has over 75% support according to several polls post 10/7. By all means it represents the interest of Gaza’s people whether anyone wants to admit that or not.

That has no relavence to if they have signed the icj treaty or if the UN recognizes them as the government of palestine.

You could argue they should be, but what is and what should be are entirely different things.

Not entirely true. Yes, they were elected in 2007 but they have not allowed the Fatah after that. The last election may have been 2012. So considering the amount of time elapsed I wouldn’t consider them legitimately elected.

Source: https://en.m.wikipedia.org/wiki/Gaza_Strip

Really? Democratically elected? Elections in Gaza, over a decade ago, are the bar for democracy now?

Please put some more effort into researching your talking points.

https://slate.com/news-and-politics/2023/10/was-hamas-electe...

Please make your substantive points without swipes.

https://news.ycombinator.com/newsguidelines.html