Guest Post on the ICC and Palestine at Justice in Conflict

by Kevin Jon Heller

My contribution to the symposium is now available. Here is the introduction:

I want to start with a prediction, one I’ve made before and still subscribe to: the ICC will never open a formal investigation into the situation in Palestine. People of all political persuasions seem to think that the ICC is somehow eager to leap into the most politicised conflict of the modern era. I disagree, not because the situation doesn’t deserve to be investigated – I think it is one of the gravest situations in the world – but because I don’t think we take the ICC’s institutional interests into account nearly enough when we prognosticate about what it might do. And I see very little upside for the ICC in opening a formal investigation.

My thanks to Mark Kersten for posting it — and to Kirsten Ainley for organising the roundtable at the LSE on which it’s based.

2 Responses

  1. Thanks for very interesting post Kevin . Extremely complicated, yet one major one with your permission :

    You state : supreme powers ….. it seems that you tend to forget , that the EU is effectively one of them !! In fact, one good reason for Benjamin netanyahoo, to disperse recently his government and go for election, was the huge international pressure he was in (concerning situation in the occupied territory and peace process) pressure deriving mainly from the EU, Since he wanted to get refreshed mandate from the people and being able to stand and re- stand on his ground . EU to remind you , much more biased towards that court , over others generally speaking , let alone : super powers .

    Even so , all may depend upon the new or current US administration . They are losing patience , many loose patience concerning that conflict. Another round in Gaza is a matter of time it seems, the international community, won’t be able to bear such huge distraction and casualties once again it seems . pressure is launched all around (including France and the Security Council forming timeline for resolving that conflict) now:

    I think that the ICC, would like to show, that surely he has a word, or surly may fulfil the duty expected from him, if political pressure, doesn’t yield .So , observing it from that angle , may reveal different configuration ahead .


  2. Nice contribution. I don’t think if any formal prosecution of Hamas commanders would start this would be a problem for them as most of them are, or by that time might be assasinated by Israel anyway

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