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Saturday, December 01, 2012

Maybe the 'Palestinians' should skip the ICC

Shavua tov, a good week to everyone.

At Opinio Juris, Kevin Jon Heller, who actually calls the 'Palestinian' non-state resolution 'long overdue' writes that the 'Palestinians' may want to think twice before racing to the courthouse of the International Criminal Court.
Finally, I’ll say it once again: Palestine should be careful what it wishes for. I think it is highly likely that, if the OTP investigated the situation in Gaza, Palestinians would end up in the dock long before Israelis. From a legal perspective, Fatou Bensouda would find it much easier to prosecute Hamas’s deliberate attacks on Israeli civilians than Israel’s disproportionate attacks, collective punishment of Palestinians, and transfer of its civilians into occupied territory. The latter crimes are fraught with ambiguity and difficult to prove. I know I wouldn’t start with them, were I the Prosecutor.

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