By opening preliminary proceedings against Israel in response to petitions brought by the Palestinian Authority (PA), the International Criminal Court (ICC) is undermining its own authority and legitimacy, argues David Daoud. Not only are the accusations against Israel unconvincing, but the PA’s membership in the court rests on highly dubious grounds:
In effect, the PA seeks to use international law improperly as a tool to bring about the establishment of a Palestinian state with or without Israel’s consent.
The Palestinian Authority has revealed its true intentions behind joining the ICC. Top PA official Nabil Sha’ath, for example, has said that ICC accession was intended to be part of a “continuous battle” against Israel, a comment which the PLO seconded, saying that its ICC accession was “a first step toward waging a total and continuous political and judicial battle” against Israel. Hamas, a member of the PA’s unity government, also welcomed Palestinian membership in the ICC, calling it the “first step by the international community to isolate” Israel, and called on all Palestinians to unite behind a clear strategy to “expose” and “isolate” the Jewish state, confronting it through “all forms of resistance,” of which the judicial process was just one. . . .
The Palestinians’ threats to prosecute Israelis in the ICC over these incidents are only a taste of things to come. Whether the ICC will play along with the Palestinians’ political game remains to be seen, but the record of similar international institutions does not provide much comfort.
More about: ICC, International Law, Israel & Zionism, Palestinian Authority, Palestinian statehood