It could possibly be done, yes. I'm not making an argument that it SHOULDN'T be done, but I am saying that it will prove very difficult.
Jurisdiction is the first sticking point. When Palestinian groups petitioned the ICC this month, its prosecutor said that it was unable to take the case because it had no jurisdiction over Israel, a nonsignatory to the court.
Palestinians are trying to argue that since the crimes took place in Palestine, then the PA should be able to move the case to court. However it remains to be seen whether, for the purposes of this argument, Palestine is a state, de-facto state, or not a state at all.
The UN Security Council could possibly refer the case to court, but it would be a surprise if the US didn't veto such a resolution as you would normally expect.
The Israelis could also prevent such a case by holding their own internal investigation domestically and prosecuting any offenders.
As much as I want to see such a case reach the ICC, I just doubt it ever will do so.
It could possibly be done, yes. I'm not making an argument that it SHOULDN'T be done, but I am saying that it will prove very difficult.
Jurisdiction is the first sticking point. When Palestinian groups petitioned the ICC this month, its prosecutor said that it was unable to take the case because it had no jurisdiction over Israel, a nonsignatory to the court.
Palestinians are trying to argue that since the crimes took place in Palestine, then the PA should be able to move the case to court. However it remains to be seen whether, for the purposes of this argument, Palestine is a state, de-facto state, or not a state at all.
The UN Security Council could possibly refer the case to court, but it would be a surprise if the US didn't veto such a resolution as you would normally expect.
The Israelis could also prevent such a case by holding their own internal investigation domestically and prosecuting any offenders.
As much as I want to see such a case reach the ICC, I just doubt it ever will do so.