MembersICC Decision to Investigate Israel Lessens the Prospects of Peace

The International Criminal Court (ICC) in The Hague made a major decision on Saturday (February 5) declaring that it has jurisdiction over the Palestinian territories. In light of this conclusion, the court has confirmed its intention to open a probe against Israel and Hamas for alleged crimes against humanity. Despite Israel’s fervent stance insisting that the ICC possesses no jurisdiction neither in Israel nor in the Palestinian territories, the court’s chief prosecutor Fatou Bensouda already indicated her plans in 2019 that such a criminal investigation would focus on potential crimes committed in the Gaza Strip, the West Bank and East Jerusalem since the Israel-Hamas conflict (Operation Protective Edge) in the summer of 2014.

The ICC’s decision to open an investigation against Israel for war crimes is highly political, but nevertheless has serious implications. Although it may take years to complete the process, a conviction against Israeli citizens could subject them to arrest warrants abroad in ICC member countries. The United States has already denounced the controversial decision with State Department spokesman Ned Price stating,...