Palestine at the International Criminal Court: Potential and Problems

An Analysis (25 February 2015) by Lawrence Davidson, To the Point Analyses

Part I – Going to the ICC

The International Criminal Court (ICC) was designed as a vehicle for the prosecution of the most heinous of crimes committed by individuals in positions of state authority – those military officers and politicians at the top of a national chain of command. Until recently ICC prosecutions have been limited to leaders of small and weak states. This is not because the leaders of powerful nations are not sometimes culpable, but rather because no member state of the ICC has yet brought a relevant complaint.

This situation is about to change. In November 2012 Palestine achieved official observer status within the United Nations and this position allowed it to join the ICC.

The Palestinian National Authority (PNA) hesitated to take this next step as long as “peace negotiations” with Israel were ongoing. But by the spring of 2014, the latest round of such talks had proved as fruitless as their many predecessors. And so the Palestinians went ahead and signed the treaty that would make them a member nation of the Court – a status that becomes official in April 2015. Palestine has already requested the Court to begin a preliminary investigation of Israel’s actions within Palestinian territory (the Occupied Territories) during the 2014 invasion of Gaza. It is looking for indictments of Israeli leaders on war crimes charges. …

continue reading at To the Point Analyses

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Filed under Lawrence Davidson, Palestine & Israel

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