Part of the political circus here is around the definition of occupation. The ICC essentially claims that Gaza has always been and is currently occupied. The ground truth is that Gaza stopped being occupied when Israel withdrew in 2005 and that Israel at this time is not actually occupying most of Gaza. It is occupying portions of it and blockading other parts.

The argument is more or less around: "In international law, occupation is when a foreign power gains effective control over a territory during an armed conflict, even without armed resistance. The territory under control is called occupied territory, and the foreign power is called the occupant." and whether Israel is in effective control of all of Gaza or not. I think a reasonable person who sees the actual reality would conclude that Israel does not have effective control over the entirety of the Gaza strip. Therefore Israel does not bear the responsibility of the occupying power according to international law. The claims that Israel does occupy Gaza are political in nature, not factual.