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Tag Archives: palestine

The ICC Runs Into the World’s Largest Powder House Waving A Torch

ICC 1By Shawn Macomber • Lawfare Tyranny

Over at the Daily Beast Andrew Novak lays out a persuasive list of reasons why Palestine is “unlikely to see results from an [International Criminal Court] prosecution for many years, if ever.”

“Palestine’s referral to the ICC is fraught with risks,” Novak writes. “The ICC may prosecute all parties to a conflict, and that includes Palestinian crimes as well as Israeli ones. The allegations that Hamas fighters used human shields and fired unstable rockets at civilian areas, if proven, almost certainly constitute war crimes. By contrast, allegations against Israel are much more complex, and largely matters of proportion: for instance, whether the Israeli military provided sufficient warning before attacking residential buildings or caused excessive collateral damage pursuing low-level Hamas fighters. The legality of Israeli settlements is the most complex question of all — and not one that the ICC Prosecutor or judges are well-placed to answer as experts in criminal law. This would be a mess.”

A mess? Business as usual for the ICC then!

Obviously Fatah leadership must have gamed out something approximating these scenarios.

So why proceed?

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A Lose, Lose, Lose Proposition: The ICC & Palestine

unnamed-2By Shawn Macomber • Lawfare Tyranny

Over at Foreign Affairs today Indiana University Maurer School of Law professor Timothy William Waters explores in disquieting detail the ways all involved parties — and many parties that would expressly prefer to remain uninvolved — are about to become painfully, seriously reacquainted with the law of unintended consequences as the world’s most ineffective, politicized court sashays its way into the world’s most intractable, tragic conundrum.

There many macros and micro ideas to parse and explore in future posts, but to begin here are Waters’ thumbnail sketches of a few of the dangers that lie ahead for…


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