Yes, argues Robert Nicholson. The fact that the International Criminal Court is unlikely to succeed in prosecuting imagined Israeli crimes is irrelevant. The Palestinian lawfare campaign can achieve its ends even without achieving its desired verdicts. Nicholson writes:
Form is more important than substance in the lawfare strategy. It’s not necessary that litigants present strong arguments or even win cases. What’s important is that they appear outnumbered and heroic, adhere to lofty vocabulary, and use the court’s noble reputation to delegitimize their opponent in the eyes of the world. . . .
If everyone in the global audience appreciated the cynicism behind this strategy, lawfare would not be so worrisome. But well-meaning people are easily fooled by headlines of “war crimes” and “ethnic cleansing” and don’t have the time or legal training to investigate the facts. Shaking their heads in disbelief, they walk away with just one thought: Israel is a flagrant human-rights abuser that needs to be punished—international law says so. And here lies the crux of the problem: lawfare uses a façade of morality to conceal and advance a subversive political agenda. Worst of all, good people can’t see past the façade.