Foreign Affairs' Timothy William Waters suggests that--now that the Palestinian Authority has joined the International Criminal Court and the ICC has acknowledged that Palestine accepts its jurisdiction--there could be trouble for the ICC if it prosecutes a case against Israeli forces operating in the West Bank and Gaza. Israel argues that Palestine is not a state, and the "ICC is a weak institution; prosecuting Israel could prove fatal," Waters writes. On the other hand, avoiding the pursuit of a legitimate case against Israel would make the weak institution irrelevant, especially because ICC has only prosecuted cases in Africa so far, Waters further wrties.
Waters also notes that now that Palestine's citizens can be tried for their own violations: "Standing trial for war crimes is a funny way to prove you’re a state, but if Hamas keeps firing rockets at Israel, Palestinians may get their day in court."
Lawyer and Legal Journalist
