One day after a failed bid at the UN to push a Middle East peace settlement between Israel and the Palestinians, the Palestinian Authority President announced a move for the PA to join the International Criminal Court (ICC) as a way of seeking to get international judicial support for its ‘war crimes’ allegations against Israel. Now UN Secretary-General Ban Ki Moon has indicated that the Palestinian Authority will be allowed to join the ICC.
Israel’s Netanyahu noted that the Palestinian Authority really should refrain from taking this case to the ICC because of Hamas’s own rocket attacks on Israeli population centers and their use of civilians as human shields. ICC prosecutors have made it clear in the past that they will investigate all allegations of misdeeds in a dispute, not just those of one side.
Most unprejudiced people would agree that there must be accountability for anyone committing war crimes, crimes against humanity or genocide. Unfortunately, at present the ICC can work only in those cases where nation-states, even those accused of crimes, allow it in their jurisdiction. This is another example of the miserable state of the present international system where unlimited national sovereignty is allowed to trump human rights. Even though 139 countries have signed the 1998 Rome Statute establishing the ICC, the most horrific crimes against humanity perpetrated in the past decade—in North Korea, Syria and Sri Lanka, among other places—presently remain outside of the ICC's reach.