Part of the political circus here is around the definition of occupation.

Not just the ICC but the UN as a whole, and the EU consider Gaza to be occupied due to the fact that it controls air and maritime space, along with all 7 border crossings, along with its oft-exercised ability to enter the strip forcibly at will, which take precedence over the 2005 withdrawal of permanent internal forces.

To the extent that there's a "circus", it's in the minds of those who prefer to allow themselves to be soothed and distracted by the government's narrative of the situation.