Palestine in the Hague: Justice, Geopolitics, and the International Criminal Court

Abstract

Palestine's request that the International Criminal Court investigate crimes allegedly committed by Israel on its territory presents the court with a major investigative and institutional challenge. To this point, the ICC has generally avoided situations where major powers strongly oppose court involvement. The prosecution's cautious selection of situations has in turn allowed for an accommodation between skeptical major powers and the court. An investigation in Palestine, which the United States and other major powers would oppose, could unsettle that fragile truce. This article considers how the situation in Palestine came before the court and analyzes several options available to the ICC prosecutor.

Keywords: international criminal court, international law, Palestine