The ICC’s Misguided Declaration of Palestinian Statehood

Jan. 23 2015

By opening an investigation into the conflict between Israel and the Palestinians, the International Criminal Court’s prosecutor has accepted that there is, in fact, a Palestinian state. Granting such recognition to “Palestine,” writes Eugene Kontorovich, flies in the face of international law and the ICC’s own founding documents:

[T]he prosecutor did not actually determine that Palestine qualifies as a “state” under the well-established legal definitions of the term. Rather, she said that the UN General Assembly’s vote in 2012 to call Palestine a “non-member state” is dispositive of the question. In short, she substituted the determination of the General Assembly for her own. The General Assembly is not a judicial body, but a political one. Its determinations are political, not legal. It also has no power under the UN Charter to create or recognize states. . . .

Unfortunately, this is not the first time the prosecutor has deferred to judgments of the General Assembly in lieu of legal analysis. Even more unhappily, the other recent occasion also involved Israel, and the prosecutor grabbed onto General Assembly resolutions to find an “occupation” where it could not be said to exist under normative international law, including International Court of Justice precedents. An Office of the Prosecutor that merely echoes the General Assembly is in danger of becoming simply another UN Human Rights Council.

Read more at Washington Post

More about: ICC, Lawfare, Palestinian statehood, United Nations

Israel’s Qatar Dilemma, and How It Can Be Solved

March 26 2025

Small in area and population and rich in natural gas, Qatar plays an outsize role in the Middle East. While its support keeps Hamas in business, it also has vital relations with Israel that are much better than those enjoyed by many other Arab countries. Doha’s relationship with Washington, though more complex, isn’t so different. Yoel Guzansky offers a comprehensive examination of Israel’s Qatar dilemma:

At first glance, Qatar’s foreign policy seems filled with contradictions. Since 1995, it has pursued a strategy of diplomatic hedging—building relationships with multiple, often competing, actors. Qatar’s vast wealth and close ties with the United States have enabled it to maneuver independently on the international stage, maintaining relations with rival factions, including those that are direct adversaries.

Qatar plays an active role in international diplomacy, engaging in conflict mediation in over twenty regions worldwide. While not all of its mediation efforts have been successful, they have helped boost its international prestige, which it considers vital for its survival among larger and more powerful neighbors. Qatar has participated in mediation efforts in Venezuela, Lebanon, Iran, Afghanistan, and other conflict zones, reinforcing its image as a neutral broker.

Israel’s stated objective of removing Hamas from power in Gaza is fundamentally at odds with Qatar’s interest in keeping Hamas as the governing force. In theory, if the Israeli hostages would to be released, Israel could break free from its dependence on Qatari mediation. However, it is likely that even after such a development, Qatar will continue positioning itself as a mediator—particularly in enforcing agreements and shaping Gaza’s reconstruction efforts.

Qatar’s position is strengthened further by its good relations with the U.S. Yet, Guzansky notes, it has weaknesses as well that Israel could exploit:

Qatar is highly sensitive to its global image and prides itself on maintaining a neutral diplomatic posture. If Israel chooses to undermine Qatar’s reputation, it could target specific aspects of Qatari activity that are problematic from an Israeli perspective.

Read more at Institute for National Security Studies

More about: Hamas, Israel diplomacy, Qatar, U.S. Foreign policy