With prosecutors at the International Criminal Court (ICC) announcing they had begun preliminary inquiries into possible war crimes in the Palestinian territories, a swift adverse reaction from Israel and the US was inevitable. Indeed, both mooted measures with the potential to financially cripple the Palestinian Authority.
The ICC’s jurisdiction will begin from shortly before the last Gaza war but the organisation has warned that this preliminary investigation could take years. While the Palestinians are all too familiar with the lack of instant gratification, just starting this process ought to have an immediate benefit in the occupied territories by eroding the extraordinary degree of impunity the Israelis have had since the occupation began.
However, it is important to note that leadership on both sides face the prospect of war crimes charges from the ICC. This will bolster Palestinian and Israel groups that are commited to non-violent means of ending the occupation and reaching a just and sustainable two-state solution.
This also ought to have a restraining effect on those responsible for violence against civilians. This could include the Israeli military commanders who shelled a school in Gaza, killing 15 people, despite being repeatedly advised it was a UN safe haven. However it could also include the leaders of Hamas or Islamic Jihad on the Palestinian side, who were responsible for firing more than 4,500 rockets into Israel during the Gaza war, killing six civilians.
Voices on both sides advocating a peaceful resolution of one of the Middle East’s most intractable conflicts would have felt little support in recent years compared to the hawks, be they Palestinian militants or settlers supported by Israeli governments.
An instant benefit of ICC jurisdiction is that these hawks will now feel new levels of scrutiny, while those who advocate peace will be emboldened. The Palestinians are likely to pay a high price for ICC jurisdiction, but the potential benefits are similarly high.
