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The Palestinians Go to the ICC: Policy Implications (2 articles)

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The Palestinians Go to the ICC: Policy Implications – David Makovsky
(dailyalert.org, Jan. 7, 2015)

PA President Mahmoud Abbas’ signing of the Rome Statute of the International Criminal Court (ICC) creates an entirely new arena for the Israeli-Palestinian conflict, casting the relationship in criminal terms. The move is likely to shut down any political space for further negotiations any time soon and may move the entire discourse toward unilateralism. The PA’s move is bound to face opposition across the Israeli political spectrum, while a December poll of Palestinian public opinion showed 80% approval for Abbas moving to the ICC.

Signing the Rome Statute is unlikely to produce short-term Palestinian legal victories for a variety of reasons, not least because other parties will probably make countermoves. The writer is director of the Project on the Middle East Peace Process at The Washington Institute. (Washington Institute for Near East Policy)


War Crimes Case Against Israel over Gaza May Never Get Started – Peter Cluskey

The decision on whether or not to launch an investigation of Israel will be taken by the ICC Prosecutor, Fatou Bensouda, having examined the merits of the case. Even if Bensouda was to begin an investigation, she would then have to decide whether its findings should lead to indictments against named individuals – as distinct from the Israeli state or the Israel Defense Forces.

But most politically complex of all is the possibility that the ICC may have to rule on whether or not Palestine is legally a state, because only sovereign states can join the ICC. If Palestine is not a state, then it cannot join. If it is a state, then, before proceeding with any investigation, there will be the task of defining its territory. Such a case, says Leiden law professor Carsten Stahn, “could take close to a decade, at least.”  (Irish Times)

(Click on either article’s title to see the whole article…Ed.)

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  • Published: 9 years ago on January 7, 2015
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  • Last Modified: January 7, 2015 @ 10:07 am
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